GENERAL42484

• Permit No: C1981011
• IBM Index Class Name: General Documents
• Doc Name: Public Notice for Formal Public Hearing for Highwall Variance
• Permit Index Doc Type: GENERAL CORRESPONDENCE
• Media Type: D
• Archive: No

STATE OF COLOlZADO
DIVISION OE MINERALS AND GEOLOGY
Department o(Nawral Resources
1313 Sherman SI., Room 215
Denver, CO 80203
Phone: [phone]
FAX: [phone]

SETTLEMENT AGREEMENT
OF ~~(O
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Roy Romer
Governor
Michael B. Long
Division Director
This settlement is entered into this day of October, 1992 between the Colorado Mined
Land Reclamation Board, ("the Board") and Sunland Mining Corporation ("the Operator.")
RECITALS
1. The Apex No. 2 mine ("the mine") is an underground mine located in Routt County,
Colorado. The mine has existed since November 19, 1964. The Sunland Mining Corporation
currently operates the mine.
2. The mine highwall existed prior to August 3, 1977.
3. In 1981, the Mined Land Reclamation Division ("the Division") approved a reclamation plan
that would allow a portion of the highwall to remain after reclamation.
4. The current Regulations of the Colorado Mined Land Reclamation Board for Coal Mining
("the Regulations"), Rule 4.14.1(2)(a), require that "all spoil shall be... graded to eliminate all
highwalls."
5. Part 30, Section 817.106 of the Code of Federal Regulations implementing the Surface
Mining Control and Reclamation Act of 1977 (SMCRA), exempts coal mining operators from
the requirements to eliminate highwalls which existed prior to the enactment of SMCRA under
special conditions. Section 817.106 states that:
(a) Remining operations on previously mined areas that contain a preexisting
highwall shall comply with the requirements of 817.102 through 817.107 of this
chapter except as provided in this section.
(b) The requirements of 817.102(a)(1) and (2) requiring the elimination of the
highwalls shall not apply to remining operations where the volume of all
reasonably available spoil is demonstrated in writing to the regulatory authority
to be insufficient to completely backfill the re-affected or enlarged highwall.
The highwall shall be eliminated to the maximum extent technically practical
in accordance with the following criteria:
1