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pF-CO <br /> d <br /> J.D.MacFa►lano * I8 76 * <br /> Attorney General <br /> Charles B. Howe 00 4r 04tttr of Tolurabo STATE SERVICES BUILDING <br /> Deputy Attorney General 1525 Sherman Street,3rd.FI. <br /> Joel W. Cantrick DEPARTMENT OF LAW Denver,Colorado80203 <br /> Solicitor General OFFICE OF THE ATTORNEY GENERAL Phone 866-3611&866-3621 <br /> August 18, 1982 <br /> MEM- RAN DUM <br /> TO: Jim Herron <br /> }� =sue •:Y <.' _:-�i ._ <br /> FR: I.Lida Pipo <br /> 1 �= 1982 <br /> RE: Mid-Continent outslope reclamation <br /> Facts <br /> Outslopes in the Mid-Continent permit area provide support for <br /> mine benches. They are a necessary part of the present operation <br /> and have been disturbed since the permit (#77-419) was issued. <br /> Issue <br /> Must these outslopes which existed prior to 1971 be reclaimed <br /> by the operator? <br /> Answer <br /> Yes, the Colorado Surface Coal Mining Reclamation Act requires <br /> that these outs-lopes be reclaimed. <br /> Pursuant to C.R.S. 34-33-121(2) (e) (f) supp. 1981 . <br /> "Each permit issued under this article and relating to under- <br /> ground coal mining shall require the operator to : <br /> (e) Design, locate, construct, operate, maintain, enlarge, <br /> modify, and remove, or abandon, in accordance with the stand- <br /> ards and criteria contained in applicable state & federal law, <br /> all <br /> exist-and new coal mine waste piles consisting of mine <br /> wastes , tailings , coal processing wastes , or other liquid and <br /> solid wastes and used either temporarily or permanently as <br /> dams or embankments (emphasis added) . <br /> (f) Establish on regraded areas and all other affected lands , <br /> a diverse and permanent vegetative cover capable of self- <br /> regeneration and plant succession and at least equal, in ex- <br /> tent of cover, to the natural vegetation of the area; . I' <br />