Laserfiche WebLink
The application was deemed to be complete for purposes of filing on November 23, 2012. In <br />addition to the applicant, the Division provided notice of completeness to the Montrose County <br />Board of County Commissioners and Planning Department; the CDPHE Air Pollution and Water <br />Quality Control Divisions; the Colorado Divisions of Wildlife and Water Resources; the State <br />Historic Preservation Officer; the National Resources Conservation Service; the US Fish and <br />Wildlife Service; and the US Army Corps of Engineers. The Office of Surface Mining was <br />notified of completeness on December 4, 2012 and the Montrose County BOCC was provided <br />with a revised notice, clarifying that copy for public review is posted at the County Courthouse <br />in Nucla. <br />Notice of the application was published by WFC for four consecutive weeks in the San Miguel <br />Basin Forum between November 29 and December 20, 2012. Proof of publication was received <br />by the Division on April 18, 2013. The period for public comment extended through January 21, <br />2013. Comments or objections were received from JoEllen Turner on November 30 and <br />December 21 and 26, 2012. An objection from the Morgans (via their attorney) was received on <br />January 4, 2013. None of the objectors requested that an informal conference be held. All of the <br />comments were transmitted to WFC on January 29, 2013. <br />The Division issued a preliminary adequacy review on April 12, 2013. Issues identified were <br />ownership and control, as revealed by the initial AVS check, and a necessary increase to the <br />bond amount, as determined by the Division's updated Reclamation Cost Estimate. WFC <br />submitted an adequacy response on September 13, 2013. In addition to the items noted in the <br />Division's review, the response also included updated surface ownership information. The AVS <br />system was updated with appropriate expiration dates on September 30, 2013. Revised pages <br />will soon be incorporated into the permit with a new Minor Revision. <br />The Decision Due date was extended as needed to accommodate the response time needed by <br />WFC and the review time required by the Division. <br />III. Description of the Environment <br />A. General and Affected Area <br />The New Horizon Mine 1 permit block encompasses approximately 98.6 acres that have been <br />reclaimed. This area is commonly referred to as the Rice tract. Revegetation sampling was <br />initiated on this tract in 2006 and the initial results indicated that it would not achieve the Phase <br />III revegetation success standards. On June 20, 2012, the Mine 1 area was incorporated into the <br />New Horizon North Mine (Permit No. C- 2010 -089), which is also operated by WFC. The <br />Division has not, as of this writing, received an application requesting removal of the Mine 1 <br />acreage from this permit, so the affected area is presently double- bonded. <br />The New Horizon Mine 2 permit block encompasses approximately 827.44 acres. <br />Approximately 768.04 acres will be disturbed due to mining or related activities at Mine 2. The <br />majority of this findings document pertains to the Mine 2 area, since the activities at Mine 1 have <br />ceased with the exception vegetation monitoring on the Rice Tract. <br />7 <br />