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<br />5TA <br />r~o <br />DIVISION OF MINERALS AND GEOLOGY ~ [ ° ~~ ~ <br />of ~O2o <br />Department of Natural Resources pN1 1I ,~~_ ' a~ <br />•'O^ 61997 Ne i~ <br />1313 Sherman St., Room 215 • / ~e <br />Denver, CO 80203 <br />Phone 1303) 866-3567 UI` ,• - ~ revs <br />FA%(303)832-8106 MRIER~;L~ ~. ,. Roy Romer <br />Governor <br />Michael B. Long <br />SETTLEMENT AGREEMENT Drvisan Director <br />This settlement is entered into this 21st day of October, 1992 between the Colorado Mined <br />Land Reclamation Board, ("the Board") and Sunland ;vlining Corporation ("the Operator.") <br />i.ECITALS <br />1. The Apex No. 2 mine ("the mine") is an underground mine located in Routt County, <br />Colorado. The mine has existed since November 19, 1964. The Sunland Mining Corporation <br />currently operates the mine. <br />2. The mine highwall existed prior to August 3, 1977. <br />3. In 1981, the Mined Land Reclamation Division ("the Division") approved a reclamation plan <br />that would allow a portion of the highwall to remain after reclamation. <br />4. The current Regulations of the Colorado Mined Land Reclamation Board for Coa] Mining <br />("the Regulations"), Rule 4.14.1(2)(a), require that "all spoil shall be... graded to eliminate all <br />highwalls." <br />5. Part 30, Section 817.106 of the Code of Federal Regulations implementing the Surface <br />Mining Control and Reclamation Act of 1977 (SMCRA), exempts coal mining operators from <br />the requirements to eliminate highwalls which existed prior to the enactment of SMCRA under <br />special conditions. Section 817.106 states that: <br />(a) Remising operations on previously nu^ed areas that Contain a preexisting <br />highwall shall comply with the requirements of 817.102 through 817.107 of this <br />chapter except as provided in this section. <br />(b) The requirements of 817.102(a)(1) and (2) requiring the elimination of the <br />highwalls shall not apply to remising operations where the volume of all <br />reasonably available spoil is demonstrated in writing to the regulatory authority <br />to be insufficient to completely backfill the re-affected or enlarged highwall. <br />The higlnvall shall b:, eliminated ro tilc maximum extent technically practical <br />in accordance with the following criteria: <br />