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ENFORCE24363
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Last modified
8/24/2016 7:33:12 PM
Creation date
11/21/2007 10:41:46 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981013
IBM Index Class Name
Enforcement
Doc Name
ORDER UPHOLDING THE MODIFIED PROPOSED DECISION OF THE DMG TO APPROVE WITH ONE STIPULATION PR RN-02
Violation No.
TD1993020370005TV3
Media Type
D
Archive
No
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Raton West requested the Board somehow protect future water well owners from subsidence or <br />dewatering effects caused by future mining operations. While the Board finds that the Regulations <br />at Section 2.05.6(3)(a)(ii) require applicants [o ensure protection of only "present users," the <br />Board also finds that the Regulations, at Sections 4.05.15 and 2.04.7(3), address what types of <br />remedial measures could be required by the Division of Bas'm if owners of vested water rights are <br />injured by the proposed mining operations in the future. ---- - <br />4. With regard to the request by Raton West that the Board require Basin to notify those persons <br />subject to the Public Notice requirements of Section 4.20.2 of the Regulations no earlier than eight <br />to twelve months prior to undermining, the Board finds this Regulation to have no limit as to how <br />early an operetor may notify those persons. Based on testimony by Basin, however, the Board <br />finds that notification by Basin will occur as a practical matter in the course of normal operations <br />anywhere from eight months to one year prior to undermining, which is the period Raton West <br />requested the Board require as part of the application. <br />CONCLUSIONS OF LAW <br />Based upon the foregoing Evidence, Testimony, and Findings of Fact, and in accordance with C.R.S. <br />34-33-119(5), the Board hereby concludes that: <br />1. With regard to the request by Raton West that the Board enforce C.R.S. 34-48-106, the Board <br />does not have the authority or jurisdiction to enforce any State Article pertaining to coal mining <br />other than Article Thirty-three, and cannot therefore grant this request. <br />2. With regard to the request by Raton West that the Board not renew the Golden Eagle Mine permit <br />because the applicant failed to submit an application for permit renewal on or before 180 days <br />prior to the permit expiration date, the Board does not have statutory or regulatory authority to <br />prohibit renewing the permit on this basis, and cannot therefore grant this request. <br />3. With regard to the request by Raton West that the Board revise the Division's Proposed Decision <br />document regarding the Division's review of the applicant's determination of probable hydrologic <br />consequences, the Board finds the review of the permit renewal application to have been in <br />accordance with the Act and Regulations, and the conclusions derived from that review as stated <br />in the Division's Proposed Decision document to have been appropriately stated. For the purposes <br />of statutory and regulatory compliance with regard to the renewal of the permit, the Board <br />concludes that granting this request is unnecessary. <br />4. With regard to the request by Raton West that the Board require Basin to notify those persons <br />subject to the Public Notice requirements of Section 4.20.2 of the Regulations no earlier than eight <br />to twelve months prior to undermining, the Board finds that this Regulation does not allow the <br />Board to grant such a requirement. As Basin, however, has stated that notification will occur <br />eight to twelve months prior to unde fining as a practical matter in the course of normal opera- <br />tions, the Board finds that notification will occur within the time period crquested by Raton West. <br />As such, the Board concludes that granting this request is unnecessary. <br />9 <br />
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