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• iiiiiiiiiiuiiuiii 999 FORMAL PUBLIC HEARING CONCERNING A VARIANCE FROM THE COAL PROGRAM REQUIREMENT TO COMPLETELY ELIMINATE HIGHWALLS UPON RECLAMATION AT THE APEX NO. 2 MINE, C-S1-011 The Apex No. 2 mine is an underground coal mine located in Routt County. The permittee intends to reclaim the mine during the Fall of 1992, leaving a partially exposed highwall at the mine entries. The Colorado Regulations for Coal Mining currently require complete highwall elimination, while the counterpart Federal Regulations allow for partial backfilling under certain conditions. The Apex mine meets these conditions. The Apex No. 2 mine first began operations in November of 1964. The mine is located on a steep hillside immediately above and adjacent to the county road. There is insufficient fill material available at the mine site to completely eliminate the highwall upon reclamation. Furthermore, the proximity of the County road to the mine makes complete backfilling to astable configuration impossible. The Division is currently undertaking a rule change initiative. The Division is proposing that the highwall elimination rules be changed to reflect the fact that many mines in existence prior to implementation of the Act will not be able to completely eliminate highwalls. This change will be very similar to the current Federal Regulations. This Rule will become effective in 1993. The exemption from complete highwall elimination granted in the Federal Regulations is specific for certain circumstances and Apex's qualifications are: FEDERAL REQUIREMENTS 1. The operation must be remining, and as defined, is "conducting surface coal mining and reclamation operations which affect previously mined areas." Previously mined area means, "land previously mined on which there were no surface coal mining operations subject to the standards of the Act" (August 3, 1977). APEX NO. 2 MINE QUALIF/CAT/ONS The Apex No. 2 thine leas been in operation since November 1964 and the thine area was disturbed prior to the time t{te Act came into effect. The disturbance would therefore meet the definition of previously mined area The present Apex operation is conducting operations on previously mine areas and would therefore be considered remirung.