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<br />7. "Any highwall remanent shall be <br />stable and not pose a hazard to the public <br />health and safety or to the environment. <br />The operator shall demonstrate, to the <br />satisfaction of the regulatory authority, <br />that the highwall remnant is stable". <br />8. "Spoil placed on the outslope <br />during previous mining operations shall <br />not be disturbed if such disturbance will <br />cause instability of the remaining spoil or <br />otherwise increase the hazard to the <br />public health and safety or to the <br />environment". <br />Tke highwall that will remain is just below <br />an outcrop of sandstone that naturally spalls <br />large rocks as a result of freeze thaw action. <br />The highwall exposure consists of shale and <br />lens of sandstone. The spalling from tl:e <br />highwall would be smaller pieces of rock <br />than the overlying sandstone outcrop. The <br />remaining highwall would be expected to be <br />more stable than the undisturbed urea. <br />This does not apply; spoil material was not <br />placed on the outslopes of the bent!:. <br />The Division requests that the Board approve a variance from the requirement to <br />completely eliminate the highwall at the Apex No. 2 mine. The Division has initiated Rule <br />making to modify this requirement and to allow an exception for mines that have operated <br />before the effective date of the Act. This change will bring the Division's regulations in line <br />with those of the Federal Government. Apex's reclamation plan complies with Federal <br />regulations that the State of Colorado will soon adopt. Attached is a draft settlement <br />agreement which will allow Sunland to reclaim the mine while leaving a partial highwall <br />exposed. <br />RPP/rpp/apbordlt.wp <br />3 <br />