APPCOR10008

• Permit No: C2006085
• IBM Index Class Name: Application Correspondence
• Doc Date: 3/6/2007
• Doc Name: Memo on Petition to Designate Lands Unsuitable
• From: SB1
• To: Mined Land Reclamation Board
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman SL, Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
COLORADO
DIVISION OF
RECLAMATION
MINING
- &-
SAFETY
Bill Ritter, lr.

TO:
Mined Land Re amation Board Governor
FROM: Sandra Brow Harris D. Sherman
Executive Director
DATE: March 6
2007

RE: ,
Petition to Desi
nate Lands Unsuitable for Coal Minin Ronald W. Cattany
g
g Division DirecYOr
Natural Resource Trustee
Lands Unsuitability Petitions are addressed in the Colorado Surface Coal Mining Reclamation Act at 34-33-126
and in Rule 7 of the Regulations for Surface Coal Mining. Petitions can be submitted `to designate an area as
unsuitable for all or certain types of surface coal mining operations if the board determines, based upon
competent and scientifically sound data and information derived from the database and inventory system
established in section 34-33-130 or from any other source, that reclamation of the subject area pursuant to the
requirements of this article is not technically and economically feasible.'
Gary and Karen Zak submitted a `Petition to Designate Lands as Unsuitable for Coal Mining' on February 21,
2007. They have requested that their lot in the Chandler Heights subdivision be considered unsuitable because
of concerns they have with subsidence, possible deformation of the cliff face, disruption of ecological systems
on their property, and potential impacts to hydrologic balance resulting from the proposed underground mine.
They are also concerned about a decline in their property value which they acknowledge is not one of the
criteria for lands unsuitable. A portion of the Zak's property lies within the permit area for the proposed
Northfield Mine.
The Northfield Mine permit application, C-2006-085 was submitted on September 11, 2006 and deemed
complete on September 22, 2006. The preliminary adequacy review was completed on December 4, 2006 and
sent to the applicant. During the public comment period a number of comments were received and an informal
conference was requested. The informal conference was held on December 12, 2006 in Florence, Colorado.
Section 34-33-126(2)(a) states, "Any person having an interest which is or may be adversely affected or any
duly authorized governmental agency shall have the right to petition the board to have an area designated as
unsuitable for all or certain types of surface coal mining operations or to have such designation terminated. Any
such petition which includes acreage identified in a pending permil application pursuant to the requirements
of section 34-33-111(1)(a) shat/ be fried with the board prior to completion of the informal conference
provided for in section 34-33-118(6) concerning such pending permit application....."
1 recommend that the Board dismiss this Petition based on the above cited statutory citation. The informal
conference was held on December 12, 2006 and the Petition was not submitted until February 21, 2007. [t is
worth noting that this particular citation has not been incorporated into the Rule 7 and I recommend that we
include it in the next Coal rnlemaking effort.
The Zak's do have legitimate concerns regarding the proposed coal mining activities. Their concerns are
covered by the Subsidence Protection Rules in 2.05.6(6) and in the Protection of the Hydrologic Balance Rules
in 2.05.6(3). The Northfield Mine permit application is under review and the Zak's issues have been addressed.
If the Zak's object to the Division's proposed decision, they will have an opportunity to request a formal hearing
at the time the Decision is proposed.
Office of Office of
Mined Land Reclamation Denver • Grynd Junction Durango Active and Inactive Mines