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objections resulted in several requests for a mine site visit and informal conference, which were
<br /> held on April 30, 1981 and May 12, 1981, respectively. The Division began preparation of its
<br /> written findings soon after the conference and published its proposed decision on June 22, 1981.
<br /> The Division's decision was to approve the West Elk permit application with stipulations.
<br /> The five-year permit was issued on July 31, 1981, pursuant to the Colorado Surface Coal Mining
<br /> Reclamation Act, CRS 34-33-101 et seq. Construction of the West Elk Mine began in 1981.
<br /> The mine began producing coal from the F Seam in January 1982. The expiration of this permit
<br /> was set at July 31, 1986. On January 17, 1986, a complete renewal application was received.
<br /> This application was subsequently reviewed and the Division issued a proposed decision to
<br /> approve the renewal application with stipulations. Following the public comment period, the
<br /> permit was renewed on May 19, 1987. The permit was to expire on August 1, 1991. The
<br /> Division received MCC's complete renewal application on January 30, 1991 thereby ensuring the
<br /> operator's right to successive renewal pursuant to 2.08.5(3)(f). The Division issued a proposed
<br /> decision to approve the renewal application with stipulations, and following the public comment
<br /> period, the permit was renewed on January 29, 1993, and was to expire on August 1, 1996.
<br /> The Division received an application for a permit revision(Jumbo Mountain; PR-5) on February
<br /> 4, 1994, which was subsequently deemed complete on February 14, 1994. The Division issued
<br /> the first preliminary adequacy review letter on April 15, 1994, which identified deficiencies in
<br /> geology, hydrology, and subsidence. MCC's responses to the preliminary adequacy review were
<br /> received on June 3, 1994. A meeting between the Division and MCC to assist MCC in
<br /> responding adequately to the Division's questions was held on July 14, 1994. Extension requests
<br /> were made by MCC and approved by the Division for the proposed decision to August 26, 1994,
<br /> and subsequent extension approvals were associated with PR-5. Additional review materials
<br /> were received September 30, October 7, 14, and 20, 1994. A final meeting concerning PR-5 was
<br /> held on October 7, 1994. The proposed decision to approve the revision was issued on October
<br /> 21, 1994.
<br /> The Apache Rocks Permit Revision(PR-6) was submitted to the Division on June 8, 1995. The
<br /> application was deemed complete for the purposes of filing on June 18, 1995. Division adequacy
<br /> review letters were sent to MCC on June 30, 1995; August 25, 1995; September 20, 1995;
<br /> October 18, 1995;November 20, 1995; January 15, 1996; and January 26, 1996. All concerns
<br /> were adequately addressed by MCC. MCC responses and all comments received from other
<br /> agencies are available for review at the Division office. The proposed decision was issued on
<br /> January 26, 1996, with full consideration of the adequacy and other agency responses.
<br /> On January 31, 1996, a permit renewal application was received by the Division for a successive
<br /> five-year permit term. On February 1, 1996, the application was deemed incomplete because the
<br /> proof of newspaper publication was not included with the application. On March 6, 1996 the
<br /> application was deemed complete for the purposes of filing following the receipt of an Affidavit
<br /> of Publication for the public notice advertisement required by Rule 2.08.5(2)(b)(ii). On May 10,
<br /> 1996, an adequacy review letter was submitted to MCC identifying several issues to be
<br /> addressed as part of the current permit renewal process. All concerns were adequately addressed
<br /> by MCC. The Division renewed Mining Permit No. C-1980-007 for the West Elk Mine on July
<br /> 26, 1996.
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