GENERAL31233

• Permit No: C1980007
• IBM Index Class Name: General Documents
• Doc Date: 10/10/1986
• Doc Name: Proposed Decision & Findings of Compliance for RN1
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

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FINDINGS
WEST ELK COAL COMPANY
MT. GUNNISON N0. 1 MINE
I. Legal, Financial and Compliance Information (2.03)
For this operation, private mineral estate has not been severed from
private surface estate, therefore the documentation specified by
2.03.6(2) is not required. (2.07.6(2)(f)).
On the basis of evidence submitted by the applicant and received from
other state and federal agencies as a result of the Rule 510(c),
compliance review required by SMCRA, the Division finds that West Elk
Coal Company does not own or control any operations which are currently
in violation of any law, rule, or regulation of the United States, or any
State law, rule, or regulation, or any provision of the Surface Mining
Control and Reclamation Act or the Colorado Surface Coal Mining
Reclamation Act. (2.07.6(2)(8)),
West Elk Coal Company does not control and has not controlled mining
operations with a demonstrated pattern of willful violations of the Act
of such nature, duration, and with such resulting irreparable damage to
the environment as to indicate an intent not to comply with the
provisions of the Act. (2.07.6(2)(h)).
The operation is in compliance.
II. Land Use (2.04.3, 2,05.5, 4,16)
The Division hereby approves the post-mining land use of the operation.
It was determined that rangeland and wildlife habitat met the
requirements of Section 4.16 (2.07.6(2)(1)) for the permit area.
III. Cultural and Historic Resources (2.04.4, 2.05.6(4))
On the basis of evidence submitted by West Elk Coal Company in the form
of a letter from the State Historical Society of Colorado on page 2-570
of the permit application, the Division finds that the mining operation
will not adversely affect any publicly owned park or place listed on the
National Register of Historic Places. (2.07.6(2)(e)).
IY, Geology [2.04.5 and 2.04.6(2)]
The geology sections of the permit application, found on pages 2-283 to
2-314 of Volume 1 and in the additional geology exhibits volume, have
been reviewed by the Division for compliance. Baseline geology
information supplied in the application was found to be adequate.
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