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• <br />• <br />During the summer and fall of 1991, a dispute arose among OSM, <br />the Division and American Shield regarding the reclamation of the <br />highwall at the Fruita #1 bench area. OSM contended that the <br />highwall should be reclaimed. American Shield demonstrated that <br />the highwall was constructed prior to SMCRA and therefore should <br />not be reclaimed. The Division and American Shield entered into a <br />reclamation agreement in March of 1992 where American Shield <br />would submit a new, revised permit application that addressed the <br />concerns of leaving the highwall at the Fruita #1 bench area. The <br />Division would revise its regulations to allow highwalls <br />constructed prior to August 3, 1977 to remain after reclamation. <br />This application is the result of that agreement. American Shield <br />is applying for a reclamation-only permit, with the knowledge <br />that all of the work for Phase 1 bond release has already been <br />done. No future activities are planned on the site. The only <br />remaining items are to ensure that the vegetation is successfully <br />re-established and that the sediment pond is subsequently <br />removed. <br />The standard CMLRD permit form has been used although much of the <br />information is not relevant for a reclamation permit and is not <br />enclosed. <br /> <br />