REV07269

• Permit No: C1980002
• IBM Index Class Name: Revision
• Doc Date: 2/12/1992
• Doc Name: PERMIT RENEWAL RN-2 OC COAL MINE PN C-80-002
• From: MLRD
• To: OC COAL MINE
• Type & Sequence: RN2
• Media Type: D
• Archive: No

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STATE OF COL~~.~.~
MINED LAND RECLAMATION DIVISION of /ySo~~to
Department of Natural Resources e =~~_90
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7373 Sherman St.. Room 275
Denver. CO 60203 `," ~_~`,`
303 866-3567 • ia7e
Fax: [phone]
February 12, 1992
Mr. Robert Weaver
O.C. Coal Mine
P.O. Box 539
Gunnison, Colorado 81230
RE: Permit Renewal (RN-2), O.C. Coal Mine, Permit No. C-80-002
Dear Mr. Weaver:
Roy Romer.
Governor
Fretl R. Banta.
Drvis~on Director
The Division has conducted a preliminary adequacy review of the O.C. mine permit renewal.
During the Division's review, several concerns were found that must be resolved prior to the
Division's renewal of the O.C. mine permit. The current permit expires May 15, 1992.
The Division received the permit renewal request on November 20, 1991. Unfortunately,
this date is 177 days before the expiration of the permit. Rule 2.08.5 requires that the
Division receive the application at least 180 days prior to the expiration date to be eligible
for the right of successive renewal. The right of successive renewal gives the operator the
right to continue mining if the Division does not make a decision on the permit renewal
before the expiration date. The permit would continue beyond the expvation date until a
decision is issued. The implication to the O.C. mine is that the permit will expire on the
expiration date if the Division does not issue a decision. Therefore the Division's adequary
concerns must be resolved prior to the permit expiration date of May 15, 1992.
A major concern, discovered during the review of the mine plan map, is that the O.C. mine
has been mining beyond the approved permit boundary. This has been occurring since 1977.
This maybe a violation of the Division's regulations and of the approved permit. The
Division approved the mining of 80 acres in the original permit and in the 1987 permit
renewal. A review of the files revealed extenuating circumstances that the Division is
considering. Our files show that the U.S.G.S., in a letter to the O.C. mine dated June 1977,
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