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JI <br /> <br />DIVISION OF MINERALS AND GEOLOGY <br />Department o(Nalural Resources <br />131 3 Sherman 51 ,Room 215 <br />Denver, CO 8020] <br />Phone: 13031 B6h-7567 <br />FAX: 1303) 832-8106 <br />December 16, 1993 <br />Ms. Kathleen Welt <br />Mountain Coal Company <br />P.O. Box 591 <br />Somerset, CO 81434 <br />RE: Minor Revision No <br />Dear Ms. Welt; <br />-iii iiiiiiiinmiii <br />999 <br />STATE OF COLORADO <br />of cow <br />ti~ 4 <br />Me ~~ <br />~~ <br />•~rB l6~ <br />Roy Romer <br />Governor <br />Michael 8. Long <br />Division Director <br />111; West Elk Mine; File No. C-80-007 <br />The Division has reviewed and proposes to approve Mountain Coal <br />Company's application for the above revision, which redefines the <br />stream buffer zone variance and clarifies reclamation required at <br />the Sylvester Gulch Fan site. <br />Changes made to Figure 12 on page 2.05-56 make it clear as to the <br />location of the disturbances within the stream buffer zone. The <br />variance issued by the Division on August 6, 1981, did not include <br />the old Bear Mine site, the train load-out belt, facilities area, <br />and railroad siding north of the river. The original variance only <br />included areas within the zone which were also within the riparian <br />vegetation community. The other areas listed did not fall within <br />the riparian vegetation as shown on Map 43, but do lie within 100 <br />feet of the North Fork of the Gunnison River. Therefore, the <br />Division is reissuing the variance to the stream buffer zone to <br />include these areas. Please find enclosed a revision to MCC's <br />Findings Document, which should replace existing pages. <br />Any future disturbances within the buffer zone and outside the <br />variance as shown on revised Figure 12, must be approved by the <br />Division. The area not to be disturbed shall be designated a <br />stream buffer zone and marked as specified in rule 4.02 (Signs and <br />Markers). <br />The Division has reviewed MCC's response regarding reclamation <br />requirements at the Sylvester Gulch Fan site, Exhibit 42, which <br />contains information regarding the fan, and the technical revision <br />application to install the fan. The Division agrees that the <br />language in stipulation ,~35 which states that "bringing the entire <br />fan pad back to original contour is not required due to the steep <br />slope, existing configuration, and limited fill available" was in <br />reference to the contour prior to the road cut of the old mine. <br />From review of the application for the fan revision, it is apparent <br />that the fan site was chosen because there was an old mine test <br />