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• <br /> Section I - History <br /> Cyprus Orchard Valley Coal Corporation currently operates the Orchard Valley <br /> and Orchard Valley West mines under Permit No. C-81-038. The Orchard Valley <br /> Mine permit application was originally submitted on September 30, 1977 and was <br /> determined to be complete on October 7, 1977. The permit application was <br /> approved by the Mined Land Reclamation Board under the interim program on <br /> April 27, 1978. A modified permit application to comply with the proposed <br /> Colorado Permanent Regulatory Program was submitted on June 18, 1979 and <br /> revised on February 17 , 1981 . The Division then published its proposed <br /> decision approving the application with 25 stipulations on August 20, 1981 . <br /> The Permanent Program Permit No. C-038-81 was issued on September 24, 1981 . <br /> A permit revision application to incorporate 480 acres into the permit area of <br /> Permit No. C-81-38 was submitted to the Division on November 18, 1982 and was <br /> determined to be complete on November 26, 1982 . CWI ' s application included <br /> information from the adjacent Orchard Valley Permit C-81-038 as well as the <br /> permit revision area. The Division published its proposed decision to approve <br /> the permit revision with eight stipulations on March 21 , 1983. Permit <br /> No. C-038-83, which superseded Permit No. C-81-038, was issued by the Division <br /> on April 20, 1983. <br /> On August 29, 1984, Colorado Westmoreland Inc. submitted a permit revision to <br /> their existing Permit No. C-83-038. The permit revision incorporated an <br /> additional 5,719.7 acres of adjacent federal coal (Lease C-37210) into the <br /> mine permit area. CWI planned to mine this coal by extending the existing <br /> mine workings north and west into these areas. <br /> On June 1 , 1986, the Orchard Valley Mine experienced a mine fire that <br /> necessitated the closure of the mine portals . Because of the high potential <br /> for re-ignition of the workings if the portals were reopened , an alternative <br /> portal area was chosen. A permit revision was submitted August 18, 1986 <br /> proposing the construction of a temporary portal in an area west of the <br /> existing facilities in the East Roatcap Creek drainage. This portal was <br /> originally proposed to remain active for approximately two years after <br /> construction but market conditions necessitate its use through 1993. <br /> Thereafter, it will be used for a ventilation shaft and emergency escapeway. <br /> The August 18, 1986 revision also had provisions for the construction of a <br /> haul road from Stevens Gulch to the proposed portal site . The entries of the <br /> portals run northwest until they intercept the sub-main entries of the <br /> previously approved mine plan. A "Findings of Compliance" was issued on <br /> October 12 , 1986, superseding the findings proposed on June 20, 1985 for <br /> Permit No. C-83-038. The document also took into consideration any <br /> stipulations imposed on Permit C-83-038 by reinforcing those stipulations that <br /> still applied. <br /> On November 5, 1987, Colorado Westmoreland Inc. ' s application for renewal of a <br /> valid and existing permit to conduct coal mining operations , Permit No. <br /> C-038-83, was deemed complete. The Division published its proposed decision <br /> to approve the revision with ten stipulations on August 4, 1988 and amended <br /> the permit decision of March 21 , 1983 by re-numbering the permit as C-81-038 <br /> to ensure consistency within the MLRD files . Permit C-81-038 was issued by <br /> the Division on July 21 , 1988. This date was in error. The permit issuance <br /> should have been back-dated to April 20, 1988. (We will remedy this situation <br /> by correcting the decision date of the upcoming permit renewal from <br /> July 21 , 1993 to April 20, 1993. ) <br /> -2- <br />