1994-05-13_GENERAL DOCUMENTS - C1981017

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obtain a valid permit to conduct coal mining operations at the Coal Basin mine and shall submit a valid performance bond suffi- cient to assure the completion of the reclamation plan if the work had to be performed by the State in the event of forfeiture. It shall be Mid-Continent ' s obligation to assure that such event occurs. 14 . Nothing in this Order shall be construed to mean that the provisions of Mid-Continent ' s permit, including the provision of this Order setting the performance bond at $3 ,800, 000 . 00, shall be binding on the Board or Division when reviewing any application for a permit or permit transfer submitted by Mid- Continent ' s successor. Any such application shall be processed, and approved or denied, pursuant to the provisions of the Colo- rado Surface Coal Mining Reclamation Act and the regulations promulgated thereunder . 15. By July 19, 1991 Mid-Continent, or its successor, shall identify all portal benches that have not yet been reclaimed, but that may be reclaimed in whole or in part in a manner consistent with the continued operation of the mine, and shall submit a complete application for a permit revision to reclaim all such portal benches. The permit revision shall spec- ify a reclamation schedule which shall, at a minimum, provide for the completion of all necessary backfilling, grading and initial seeding by October 31, 1992 . 16. By July 19, 1991, Mid-Continent, or its successor , shall identify all roads, or portions thereof, and all road fills that require stabilization to prevent the excessive contribution of sediment to Coal Creek and its tributaries, and shall submit a complete application for a permit revision, or a technical revi- sion, as is appropriate, to stabilize and revegetate all such road fills, and to improve all such roads, in a manner that will minimize erosion and sediment runoff from the roads and road fills. Such permit or technical revision shall be fully imple- mented by October 31, 1992 . If necessary, the Division shall attend any meetings, and take such other steps as are necessary, to coordinate the design of any improvements on the roads with any requirements imposed by MSHA or U.S. Forest Service. How- ever, nothing in this Order shall be construed to relieve the operator of the burden of ensuring compliance with all applicable requirements. 17 . In the event that Mid-Continent elects to resume full operations at the site, the Division and Mid-Continent shall re- evaluate the form of Mid-Continent ' s performance bond. The Divi- sion may, to the extent allowed by the applicable statutes and -3-