GENERAL45020

• Permit No: C1981011
• IBM Index Class Name: General Documents
• Doc Date: 9/1/1993
• Doc Name: HIGHWALL SETTLEMENT AGREEMENT AND RULE CHANGE ISSUE APEX 2 MINE SUNLAND MINING CO FN C-81-011
• From: DMG
• To: SUNLAND MINING CORP
• Permit Index Doc Type: GENERAL CORRESPONDENCE
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Departmem of Natural Resources
1313 Sherman St., Room 215
Denver, CO 80203
Phone: [phone]
FA%: [phone]
September 1, 1993
John C. Harman
Sunland Mining Corporation
P.O. Box 289
Sturgis, Kentucky 42459
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Roy ROmcr
Governor
M¢hael B. lrrnR
Drvrsmn Dim~lor
RE: Hgghwall Settlement Agreement and Rule Change Issue, Apex No. 2 Mine, Sunland
mmg Co., File No. C-81-011
Dear Mr. Harman:
As you may have learned from Greg Lewicki, the Office of Surface Mining has decided
that the settlement agreement between the Mined Land Reclamation Board and the
Sunland Mining Company does not comply with the Colorado Rules for Coal Mining. The
settlement agreement was signed in the fall of last year and allowed the highwall at the
Apex Mine to remain. The Office of Surface Mining contends that the Board doesn't have
the authority to enter into this settlement agreement. The Office of Surface Mining
(OSM) has requested that the Board nullify this agreement. If the Mined Land
Reclamation Board doesn't nullify the agreement, the OSM may take federal enforcement
action against Sunland.
Federal Rules do allow the leaving of highwalls as part of the reclamation plan under
certain conditions. The Division is pursuing a state Rule change that will adopt similar
language. When approved, the Rule change would effectively replace the conditions
outlined in the settlement agreement. The Division expects that the Rule change will be
approved in January, 1994.
The Division will go before the Board during the September meeting and recommend that
the Board nullify the settlement agreement per the OSM directive. This action will leave
the Apex mine out of compliance with the highwall Rule during interim before the Rule
change. To keep the Apex mine in compliance during this period and to avoid Federal
enforcement action, Sunland should submit a revision committing to reclaiming the
highwall.