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• Jerry Koblitz <br />Page 8 <br />July 22, 1997 <br />102. A stipulation will be attached to the Lorencito permit requiring a revision to the New Elk <br />permit be approved prior to refuse disposal of Lorencito refuse at the New Elk disposal <br />site. <br />103. Resolution of this issue will come through the stipulation for the fills and the MSHA size <br />ponds. <br />110. In accordance with the applicant's request, the Division will stipulate receipt of the <br />Colorado Air Pollution Control Division emission permit prior to operations beginning to <br />which the emission permit applies. <br />111. CDOW concerns. Remaining outstanding concerns were as follows; <br />• Posting signs -This response is adequate. <br />Human/Bear interaction -This response is adequate. <br />Raptor mitigation and protection -This response is adequate. <br />Flathead Chub -This response is adequate. <br />Detection Limits -This response is adequate. <br />Selenium -This response is adequate. <br />Lack oftopsoil -This response is adequate assuming the topsoil questions that remain for <br />review are also found adequate. <br />Shrub revegetation plan -The Division will stipulate that the shrub revegetation plan be <br />worked out within a reasonable period of time following permit approval. <br />114. The applicant at this time has not received joint approval from the Division, (Coal <br />Program), the Division's Mine Safety and Training Program, and MSHA, of a plan to <br />conduct surface coal mining activities within 500 feet of underground mine workings. <br />• The Division must therefore stipulate that no surface coal mining activities may be <br />conducted closer than 500 feet, measured horizontally, of either an active or underground <br />