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<br />• <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getches. Eaecutrve Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHEL70 N, Director <br />Richartl D. Lamm <br />Governor <br />1 <br />October 27, 1983 <br />Mr. David McMindes <br />Environmental Coordinator <br />Colorado Yampa Coal Company <br />P.O. Box 774288 <br />Steamboat Springs, Colorado 80417 <br />RE: Status of Permit No. 79-177 <br />Dear Mr. McMindes: <br /> <br />The Energy No. 1, 2 and Eckman Park permit application presents a unique <br />situation. The application was submitted in September, 1979 by Energy <br />Fuels Corporation (name changed to Colorado Yampa Coal Company). A joint <br />permit review was conducted by the Mined Land Reclamation Division <br />(Division) and the Office of Surface Mining (OSM). The application was <br />reviewed under the Federal permanent program regulations 30 C.F.R. 701, <br />et seq. The Division found the application to be in compliance with the <br />requirements of the Federal Permanent Program Regulations as they appear <br />in the March 13, 1979, edition of the of the Federal Register, and issued <br />a permit in March, 1980, with seven stipulations (See Attachment A). <br />The OSM made a finding of compliance with the 30 CFR Part 211 and the i~~,.u,.,,o-t <br />Program Regulations with the exception of the standards for <br />contemporaneous reclamation. Twenty-two stipulations (Attachment B) were <br />attached to the approval. Special stipulation 13 addressed the <br />contemporaneous reclamation issue in order to bring that section into - <br />compliance with the permanent program. A technical and environmental <br />analysis (TEA) (Attachment C) was prepared by the OSM in support of their <br />decision to approve the mining and reclamation plan. A determination of <br />no significant impact was made. <br />The section that was not in compliance with the permanent federal <br />regulatory program pertained to the request for a variance from <br />contemporaneous reclamation. The applicant had requested the variance to <br />allow for a section of the highwall to remain open to allow for the <br />excavation of portals for a proposed underground mining operation. OSM <br />attached a stipulation to the approval package requiring an approvable <br />underground mine plan by December 30, 1980, otherwise the pit would have <br />to be backfilled. A preliminary mine plan was submitted within the time <br />frame which satisfied this stipulation. Subsequently in October 1982 a <br />permit revision application was submitted and approved by the Division in <br />April, 1983 for the Foidel Creek underground mine. Thus, at this time <br />Permit No. 79-177 includes both surface and underground coal mining <br />operations. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />