APPCOR11222

• Permit No: C1981038
• IBM Index Class Name: Application Correspondence
• Doc Name: RECOMMENDATION OF APPROVAL OF THE ORCHARD VALLEY MINING & RECLAMATION PLAN COLO WESTMORELAND INC
• From: OSM
• To: OSM
• Media Type: D
• Archive: No

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/1 FINDINGS
-- Colorado Westmoreland Inc.
Orchard Valley Mine
Application for Mining and Reclamation Plan
1. The plan and the permit application is accurate and complete and all
requirements of the Surface Mining Control and Reclamation Act (the "Act"),
the approved Colorado State Program, and the Federal Lande Program, including
the Mineral Leasing Act, have been complied with (See Technical Analysis)
(786.19(a)).
2. The applicant has demonstrated that underground coal mining and
reclamation operations, as required by the Act, the approved State Program,
and the Federal Lands Program, may be feasibly accomplished under the mining
and reclamation operations plan contained in the application as stipulated
except as cited below. (786.19(b)).
The mine portal and all highwalls in the permit area were constructed prior to
the passage of the Act and will not be affected by mining under this permit.
The operator has committed to reclaim the land and backfill highwalls to
within the standards specified in 30 CCR Section 826.15 and 2 CFR 407-2 Rule
4.27.4. Studies are being conducted to determine the exact methods of
reclamation. The Landowner has requested in writing that a variance from the
approximate original contour requirements be granted, and no excess spoil will
be retained on the mine bench.
~' Because of a newly discovered instability the coal processing waste pile may
not meet the performance standards set out in the Act. The operator has
agreed to redesign the coal processing waste pile in a complying manner in a
timely fashion, and the existing pile does not endanger persons or use in the
area.
3. The assessment of the probable cumulative impacts of all anticipated
coal mining in the general area on the hydrologic balance has been made by the
State of Colorado, and [he operations proposed under the application have been
designed to prevent damage to the hydrologic balance in associated off-site
areas. Because no groundwater aquifers have been identified above the Orchard
VaLLey Mine, this mine is not connected hydrologically with groundwater
aquifers located above any other mine in [he valley. (see hydrologic section
of TEA p 2-30) (786.19(c)).
4. The proposed area to be mined is:
(a) Not included within an area designated unsuitable for surface coal
mining operations (See BLM letter).
(b) Not within an area under study for designating Lands unsuitable for
surface coal mining operations (See BLM letter).
(c) Not on any lands subject to the prohibitions or limitations of 30
CFR 761.11(a) (national parka, etc.), 761.11(£) (public buildings, etc.), and
761.11(g) (cemeteries). (See MRP Section 2.05.6 p. 164).
(d) Not within 100 feet of the outside right-of-way of any public road.
(See MRP map No. 19 and 14)