2018-02-05_REVISION - C1992081 (29)

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Introduction Purpose and Scope of this Document The Colorado Division of Reclamation, Mining and Safety (the Division) has received an application from Hayden Gulch Terminal, LLC (HGT) to renew permit C-1992-081 for conducting surface coal mining and reclamation operations at the Hayden Gulch Loadout (the Loadout). The application number is RN -5. Prior to determining whether or not to approve a permit application, the Division is required by law to make specific written findings. Those findings are required by Section 34-33-114 of the Colorado Surface Coal Mining Reclamation Act and Section 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. This document presents those findings and the Division's proposed decision regarding approval of the Loadout's permit renewal application. This document also contains a description of the environment affected by the operation and summaries of the mining and reclamation plans. Replacement of Previous Findings Documents This findings document replaces the findings documents from the Loadout's previous renewal and midterm reviews although much of the information in this document is derived from those previous documents. Information Sources for Permit and Review Process The review process for permit renewals is described in the Colorado Surface Coal Mining Reclamation Act (C.R.S. 34-33-101 et seq.) and the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. Rules referred to in this document are contained within those regulations. Specific information about HGT's mining and reclamation operations can be found in the permit application and permit revision applications on file with the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203. Status of Stipulations The stipulation history for the Loadout was reviewed with this renewal application. The review included an investigation of any stipulations imposed, and any responses to existing stipulations received since the last midterm review. Any stipulations associated with this permit and issued over the life of this operation which are not discussed in this permit renewal application have been complied with or terminated. Enforcement Actions There has been one enforcement action issued since the last midterm review (MT5) of the Loadout permit application package.