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<br />Portal to the South Mine, is located only 100 feet from <br />Interstate Highway 70. (See, maps, Exhibit B hereto; and <br />Declaration, ~ 5.) The other portals are located within 1,000 <br />feet of I-70 and the Colorado River. (Id.) <br />I-70 is the major east-west route over the Colorado <br />mountains and is the only east-west interstate highway across <br />Colorado. (See, Map, Exhibit B-3 and Declaration, ~ 5.) The <br />Colorado River runs alongside and parallel to I-70. (Id.) <br />Federal and state law require Powderhorn to conduct coal <br />mining operations in an environmentally sound manner and to <br />reclaim the site, once coal mining operations cease. (See, <br />Declaration, ~ 3.) These ongoing obligations are imposed by, <br />inter alia, the Surface Mining and Reclamation Act ("SMCRA"), <br />30 U.S.C. §§ 1201-1328; the Colorado Surface Coal Mining <br />Reclamation Act (the "Colorado Coal Act"), C.R.S. (Colorado <br />Revised Statutes) §§ 39-33-109, 113; 2 C.C.R. (Colorado Code <br />of Regulations) § 407-2, Rules 2 and 3 (copy attached as <br />Exhibit C); the Permit; and correspondence between the <br />Division of Minerals and Geology and Powderhorn. SMCRA and <br />the Colorado Coal Act expressly require Powderhorn to recl,~^ <br />the areas it disturbed through its coal mining operations. <br />6 <br />