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<br />monitoring and subsidence control plans, and a number of procedural issues. These
<br />objections resulted in several requests for a mine site visit and informal conference,
<br />which were held on April 30, 1981 and May 12, 1981, respectively. The Division began
<br />preparation of its written findings soon after the conference and published its proposed
<br />decision on June 22, 1981. The Division's decision was to approve the West Elk permit
<br />application with stipulations.
<br />
<br />The five-year permit was issued on July 31, 1981, pursuant to the Colorado Surface Coal
<br />Mining Reclamation Act, CRS 34-33-101 et seq. Construction of the West Elk Mine
<br />began in 1981. The mine began producing coal from the F Seam in January 1982. The
<br />expiration of this permit was set at July 31, 1986. On January 17, 1986, a complete
<br />renewal application was received. This application was subsequently reviewed and the
<br />Division issued a proposed decision to approve the renewal application with stipulations.
<br />Following the public comment period, the permit was renewed on May 19, 1987. The
<br />permit was to expire on August 1, 1991. The Division received MCC's complete renewal
<br />application on January 30, 1991 thereby ensuring the operator's right to successive
<br />renewal pursuant to 2.08.5(3)(f). The Division issued a proposed decision to approve the
<br />renewal application with stipulations, and following the public comment period, the
<br />permit was renewed on January 29, 1993, and was to expire on August 1, 1996.
<br />
<br />The Division received an application for a permit revision (Jumbo Mountain; PR-5) on
<br />February 4, 1994, which was subsequently deemed complete on February 14, 1994. The
<br />Division issued the first preliminary adequacy review letter on April 15, 1994, which
<br />identified deficiencies in geology, hydrology, and subsidence. MCC's responses to the
<br />preliminary adequacy review were received via facsimile on June 3, 1994. An extension
<br />of the proposed decision date was requested by MCC and approved by the Division from
<br />June 14, 1994, to July 8, 1994. A second adequacy review letter was sent to MCC on
<br />July 5, 1994. Another extension of the proposed decision date was requested by MCC
<br />and approved by the Division to July 22, 1994. A meeting between the Division and
<br />MCC to assist MCC in responding adequately to the Division's questions was held on
<br />July 14, 1994. Additional extension requests were made by MCC and approved by the
<br />Division for the proposed decision to August 26, 1994, and subsequently to September
<br />16, 1994, then September 23, 1994; October 7, 1994; and finally to October 21, 1994.
<br />Additional review materials were received September 30, October 7, 14, and 20, 1994. A
<br />final meeting concerning PR-5 was held on October 7, 1994. The proposed decision to
<br />approve the revision was issued on October 21, 1994.
<br />
<br />The Apache Rocks Permit Revision (PR-6) was submitted to the Division on June 8,
<br />1995. The application was deemed complete for the purposes of filing on June 18, 1995.
<br />Appropriate agencies were notified of the application by letters dated June 19, 1995. The
<br />company's newspaper publication occurred in the Delta County Independent on June 21
<br />and 28, and July 5 and 12, 1995. Division adequacy review letters were sent to MCC on
<br />June 30, 1995; August 25, 1995; September 20, 1995; October 18, 1995; November 20,
<br />1995; January 15, 1996; and January 26, 1996. All concerns were adequately addressed
<br />by MCC. MCC responses and all comments received from other agencies are available
<br />for review at the Division office. The proposed decision was issued on January 26, 1996,
<br />with full consideration of the adequacy and other agency responses.
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