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Jim Herron <br /> - • August 18, 1982 <br /> Page two <br /> Under this section both new and existing piles and embankments <br /> are subject to reclamation requirements . <br /> In addition, the permit area as shown on the approved map submit- <br /> ted by the operator with his application includes the embankments as <br /> part of the permit area. The whole permit area is covered by the bond <br /> required under 34-33-113 . (See C.R. S . 34-33-103(18) for definition of <br /> permit area.) The bond cannot be released until the reclamation re- <br /> quired by the Colorado Surface Coal Mining Reclamation Act has been <br /> accomplished. See C.R. S . 34-33-125(9) . <br /> The environmental protection performance standards also clearly <br /> require reclamation of the outslopes . Pursuant to 34-33-120(2) (b) af- <br /> fected land must be restored "to a condition capable of supporting the <br /> uses which it was capable of supporting prior to any mining . . . (em- <br /> phasis added) . " Subsection (d) of the same section requires the opera- <br /> tor to "stabilize and protect all surface areas <br /> The term "affected area" is defined in the regulations at 1 . 04(7) <br /> and clearly includes the outslopes in question. <br /> Conclusion <br /> In order to meet the requirements of the Colorado Surface Coal <br /> Mining Reclamation Act and to conduct the mining operation in compli- <br /> ance with applicable performance standards , the outslopes must be re- <br /> claimed. This reclamation is a prerequisite to bond release. <br /> LP/mf <br />