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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such nature, duration, and with such resulting irreparable damage to the
environment to indicate an intent not to comply with the provisions of the Act
pursuant to Rule 2.07.6(2)(h).
The permit application document is not entirely reflective of the changes and
agreements that have been reached because of the adequacy review process.
Therefore, the Division imposes the following stipulation.
STIPULATION N0. ]
THE PERMIT APPLICATION DOCUMENT MUST BE UPDATED TO REFLECT ALL CHANGES AND
AGREEMENTS REACHED DURING THE REVIEW PROCESS WITHIN FIVE (5) DAYS OF THIS
DECISION BECOMING FINAL.
With the acceptance of this stipulation, the applicant is in compliance with
the requirements of this section.
II. Land Use - Rules 2.04.3, 2.05.5 and 4.16
Historically, the Hay Gulch valley bottom has been used for irrigated cropland
with the surrounding uplands used primarily for rangeland (cattle grazing) and
secondarily as wildlife habitat. Information pertaining to land use can be
found in Sections 2.04 (pages 2.04-2 to -6) and 2.05 (pages 2.05-45 to -47) of
the permit application.
La Plata Coal Corporation proposes to reclaim the disturbed upland areas to
rangeland, which would have a secondary post-mining land use of wildlife
habitat, and to reclaim the valley bottom area to irrigated cropland. La
Plata Coal Corporation has requested that the coal storage bins and the scale
be retained for usage to store hay and to weigh hay trucks, respectively. The
Division has agreed to the retention of these structures and has determined
that this would not constitute a change in final land use since these
structures would complement cropland/rangeland land uses.
La Plata Coal Corporation has also requested that the sediment pond not be
reclaimed and be left after mining as a stock-watering pond. Insufficient
information has been received to allow the Division to agree to this request
at this time. Therefore, the Division denies the request to keep the sediment
pond and requires this area to be reclaimed to its pre-mining land use of
irrigated cropland.
The Division finds that the applicant is not proposing a change in the
post-mining land use from the identified pre-mining land use. The Division
hereby approves the post-mining land use of rangeland with incidental
secondary use as wildlife habitat for the upland areas and irrigated cropland
for the Hay Gulch area for the La Plata No. 1 Mine in accordance with Rule
2.07.6(2)(1).
The applicant is in compliance with the requirements of this section.
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