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2018-01-23_GENERAL DOCUMENTS - C1981041
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2018-01-23_GENERAL DOCUMENTS - C1981041
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Last modified
1/23/2018 1:45:42 PM
Creation date
1/23/2018 1:44:19 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981041
IBM Index Class Name
General Documents
Doc Date
1/23/2018
Doc Name Note
For RN7
Doc Name
Proposed Decision and Findings of Compliance
From
DRMS
To
Snowcap Coal Company, Inc
Permit Index Doc Type
Findings
Email Name
JHB
Media Type
D
Archive
No
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<br /> <br /> <br /> 63 C1981-041 RN7 findings <br />study area that meet the geomorphic criteria for alluvial valley floors. This land is <br />located adjacent to the Colorado River. The permittee noted, on Exhibit 33 of the <br />application, that a portion of this land is subirrigated and a portion was historically <br />flood irrigated. <br /> <br />The permittee has demonstrated that a large portion of the alluvial valley floor meets <br />the requirement for a "grandfathering" exemption. The Colorado Surface Coal <br />Mining Reclamation Act of 1979 allows an exemption from interrupting, precluding, <br />or discontinuing farming and from effects on the quantity and quality of water <br />supplying the alluvial valley floor, if, in the year preceding August 3, 1977, the surface <br />coal mining operations either produced coal in commercial quantities and were <br />located within or adjacent to an alluvial valley floor, or had obtained permit approval <br />to conduct surface coal mining operations within an alluvial valley floor. <br /> <br />The geographic extent of the exemption is limited to the actual extent of mine <br />workings as of August 3, 1977, and adjacent lands for which there existed (at that <br />time) substantial demonstrable financial or regulatory commitment to mine in the <br />future, as required by Rule 2.06.8(5)(a)(i)(B) in the Regulations of the Colorado <br />Mined Land Reclamation Board for Coal Mining. <br /> <br />The permittee provided copies of permits for the Roadside and Cameo Mines, which <br />were obtained in December 1976 and January 1977. Therefore, those lands permitted <br />are eligible for the "grandfather" exemption. These lands include those portions of <br />the permit area within Sections 27, 28, 33 and 34, T10S, R98W. This area includes <br />the entire affected alluvial valley floor, with the exception of that portion in Section <br />26. However, that portion of Section 26 within the permit area as noted in Exhibit 33 <br />was disturbed as part of construction of the unit train loadout prior to August 3, 1977, <br />and therefore is eligible for the "grandfathering" exemption. <br />
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