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R <br />r <br />(1) All spoil generated by the remining operation and any other <br />reasonably available spoil shall be used to backfill the area. Reasonably <br />available spoil in the immediate vicinity of the remining operation shall <br />be included within the permit area. <br />(2) The backfill shall be graded to a slope which is compatible with the <br />post mining land use and which provides adequate drainage and <br />longterm stability. <br />(3) Any highwall remanent shall be stable and not pose a hazard to the <br />public health and safety or to the environment. The operator shall <br />demonstrate, to the satisfaction of the regulatory authority, that the <br />highwall remnant is stable. <br />5. The Division has initiated a Rule change to adopt language into the regulations <br />similar to that in the Code of Federal Regulations, Section 30 regarding the elimination <br />of the highwall. <br />NOW 1'I-IEREFORE, the Board agrees as follows: <br />6. The Board agrees to grant a variance, to Sunland Mining Corporation, from the <br />requirement to completely eliminate the highwall at the Apex No. 2 Mine so long as <br />Sunland can demonstrate that the reclamation plan complies with the complete highwall <br />elimination exemption as specified in the Code of Federal Regulations, Part 30, Section <br />817.106. <br />DATED this day of October, 1992. <br />Chairperson, Colorado Mined Land <br />Reclamation Board <br />Charles H. Arbaugh <br />Secretary, Sunland Mining Corporation <br />RPP/rpp/apbordor.wp <br />2 <br />