GENERAL30444

• Permit No: C1987072
• IBM Index Class Name: General Documents
• Doc Date: 6/1/1987
• Doc Name: PROPOSED DECISION AND FINDINGS OF COMPLIANCE
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

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Findings of the
Colorado Mined Land Reclamation Division
for the
La Plata No. 1 Mine
(C-87-072)
Explanation of Findings
Pursuant to Rule 2.07.6(2) of the Rules and Regulations of the Colorado Mined
Land Reclamation Board for Coal Mining, and the approved State Program, the
Division must make a number of written findings prior to the issuance of a
coal mining and reclamation permit. These findings are based on information
made available to the Division in the permit application or otherwise
available to the Division to demonstrate that La Plata Coal Corporation will
be able to operate in compliance with the Colorado Surface Coal Mining
Reclamation Act (CRS 34-33-101 et seq.) and the Regulations promulgated
pursuant to the Act.
This findings document is organized according to the major disciplines
reviewed during the permitting process. The written findings which must be
made by the Division are addressed under the appropriate discipline subtitle.
Additionally, any specific approvals required to be made by the Division
pursuant to the performance standards of Rule 4, thus requiring a written
finding pursuant to Rule 2.07.6(2)(m), are discussed under the appropriate
discipline subtitle.
1. Financial, and Compliance Information - Rules 2.03, 2.07
The La Plata No. 1 Mine contains private mineral and surface estates. For the
areas proposed to be included in this permit, the mineral estate to be mined
has been severed from the surface estate. The surface estate of the 192.97
acre proposed permit area is owned by the Ute Mountain Ute Tribe of Indians
and by La Plata Coal Corporation with all seven acres of the disturbed area
owned by La Plata Coal Corporation. The mineral estate is owned by Tony and
Barbara Sarver, by La Plata County, Colorado, and by La Plata Coal
Corporation. The information required by Rule 2.03.6 is presented on pages
2.03-5 and 2.03-8 and in Exhibit 1 of the permit application document. The
Division finds the applicant is in compliance with Rule 2.07.6(2)(f).
Based on information submitted in Section 2.03 (pages 2.03-4 to -7) of the
permit application, the Division finds that La Plata Coal Corporation or
persons controlling La Plata Coal Corporation do not own or control arty
operations which are currently in violation of arty law, rule, or regulation of
the United States, or any state law, rule or regulation enacted pursuant to
federal law, rule or regulation pertaining to air or water environmental
protection, or of any provision of the Federal Surface Mining Control and
Reclamation Act or the Colorado Surface Mining Reclamation Act pursuant to
Rule 2.07.6(2)(8).
The Division finds that La Plata Coal Corporation or persons controlling
La Plata Coal Corporation do not control and have not controlled mining
operations with a demonstrated pattern of willful violations of the Act of
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