2017-01-04_REVISION - C1980002 (9)

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Mining Reclamation Act. Subsequent to the passage of this Act, the Colorado Mined Land Reclamation Board (CMLRB) issued state Permit No. 79-38 ug/c (underground/coal) for the Ohio Creek Mine No. 2 to Opal and Henry Weaver on October 25, 1979. On December 15, 1980, the State of Colorado received approval from OSM of its application for a coal program. State Coal Program permit No. C-002-80 was then issued to the Weavers by the Division on January 18, 1982. OSM, under its Federal Lands Program, issued federal lands permit CO -031 to Opal and Henry Weaver on October 15, 1982. This occurred even though the State of Colorado's application to OSM for approval of a Cooperative Agreement for the regulation by the State of Colorado of coal mining on federal lands received approval on October 6, 1982. Federal permit CO -031 was not terminated by OSM until May of 1988. In 1983, state permit C-002-80 was transferred from Opal and Henry Weaver to Sylvia McCormick. Subsequently, by court order, Austin R. (Randy) Hobbs was appointed Receiver for O. C. Coal Inc, and, through a similar action, was assigned permittee for the Ohio Creek No. 2 Mine in June of 1984. The Weavers subsequently initiated an action to transfer the permit back to themselves, as a determination was made by Colorado 7' Judicial District Court Judge Robert A. Brown in July 1985 that Randy Hobbs no longer had authority to act as Receiver for O. C. Coal Inc. In 1987, Permit No. C-80-002 was transferred from Austin R. Hobbs, Receiver for O. C. Coal Inc to Henry L. Weaver. Also in 1987, Permit C-80-002 was renewed (RN -01) by the Division for a 5 -year term. In 1989, Robert and Elizabeth Weaver took over the mine's operations after Henry Weaver passed away. Due to problems with roof conditions, the mine was subsequently idled, with production from the mine last reported to the Division in February of 1992. The mine entered into Temporary Cessation in April of 1992. The site's last 5 -year permit (RN -02, C-80-002) was issued to Robert Weaver in May of 1992. An incidental permit boundary Technical Revision (TR -02) approved in 1995 increased the permit area from 80 acres to 88.5 acres. Due to compliance issues, the permit was revoked by the CMLRB in February of 1996. Coal Bed #2 (the B Seam) was the only bed mined at the Ohio Creek Mine No. 2. Conventional two - entry, room and pillar underground mining methods were employed. Rooms were 20 feet wide on 40 to 100 foot centers. Coal was mined by undercutting the coal with a cutting machine, drilling the face, and blasting. A locomotive and two -ton rail cars were used to haul the coal to the surface. Mining -related features included two portals (now sealed and reclaimed), air courses (now closed), one sediment pond (left in place per landowner request), and assorted ditches. The surface operations associated with the underground mining included crushing, stockpiling and OHIO CREEK TERMINATION OF JURISDICTION DEC 2016 AUTHOR: R. REILLEY