2018-11-15_REVISION - C1980007 (7)

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BEFORE THE MINED LAND RECLAMATION BOARD STATE OF COLORADO FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER IN THE MATTER OF THE APPLICATION OF MOUNTAIN COAL COMPANY, LLC FOR A PERMIT REVISION, File No. C-1980-007 THIS MATTER came before the Mined Land Reclamation Board ("Board") on October 24, 2018 in Denver for a hearing to consider the application for a revision to permit number C-1980-007 filed by Mountain Coal Company, LLC ("Applicant"). Assistant Attorney General Jeff Fugate, James Stark, Jason Musick, and Leigh Simmons appeared on behalf of the Division of Reclamation, Mining and Safety ("Division"). Michael Drysdale, Esq. appeared on behalf of Applicant. Shannon Hughes Esq. and Jeremy Nichols appeared on behalf of Wild Earth Guardians, High Country Conservation Advocates, Sierra Club, and the Center for Biological Diversity (collectively "Objectors"). The Board, having considered the presentations, testimony, and evidence of the Division', Applicant, and Objectors, and being otherwise fully informed of the facts in the matter, enters the following: FINDINGS OF FACT 1. Applicant holds reclamation permit number C-1980-007 for an underground coal mine located in Section 16, Township 13 South, Range 90 West, 6th Principal Meridian, Gunnison County, Colorado. The site is known as the West Elk Mine. 2. On March 29, 2018, Applicant submitted an application for Permit Revision 15 (the "Application"). The Application proposed increasing the permitted area by 2,620 acres, the affected area by 1,503 acres, and the disturbed area by 53.63 acres. 3. The Division reviewed the application and requested additional materials from Applicant on March 30, 2018. Pursuant to Section 34-33-118(X) of the Colorado Surface Coal Mining Reclamation Act ("Act") and Rule 2.07.3(1) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining I The Division was advisory staff to the Board, not a party, in this proceeding.