GENERAL31415

• Permit No: C1981038
• IBM Index Class Name: General Documents
• Doc Date: 9/3/1992
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR FEDERAL COAL LEASES
• Permit Index Doc Type: Other Permits
• Media Type: D
• Archive: No

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The Division is amending the permit decision of March 21, 1983, and
re-numbering the permit as C-81-038, to ensure consistency within the ML RD
files.
This "Findings of Compliance" document has been updated to reflect existing
conditions and issues discussed during the permit renewal process. These
issues were summarized in the Preliminary Adequacy Review letters of
December 22, 1987, and March 30, 1988. CWI's responses were received on
March 7, 1988, and April 11, 1988. Appendix I documents the status of
stipulations which have appeared in previous permits.
This document contains the "Proposed Decision to Approve the Permit
Application"; a description of the environment affected by the mining
operation and the operation and reclamation plan; and the Division's written
findings of compliance required by the Colorado Surface Coal Mining
Reclamation Act. Detailed information concerning the review process is on
file at the Division offices; legal requirements can be found in the Act and
Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. All
rules referenced in this document are contained within the Regulations.
Detailed information about the proposed mining and reclamation operation can
be found in the permit application on file (File No. C-038-83) in the public
record maintained by the Division, located in Roan 215, Centennial Building,
1313 Sherman Street, Denver, Colorado 80203, Telephone [phone]. Copies
of the application are also available for inspection at the Delta County Clerk
and Recorder Office in Delta, Colorado.
Right of Successive Renewal
C.R.S. 34-33-109(7) and Regulation 2.08.5 allows an operator to permit any
lands outside the five-year mine plan area with the right of successive permit
renewal. Colorado Westmoreland has exercised this right. The permit area for
the Orchard Valley Mine that was included in the application contains coal
reserves projected to last to the year 2010. The Division granted CWI
approval to mine all of these lands (subject to the attached conditions).
However, the permit term will be divided into five-year increments. At the
end of each permit term CWI need only apply for a permit renewal (along with
responding adequately to arty applicable stipulations or conditions). In
determining whether to approve or deny a renewal, the burden shall be on the
opponent of the renewal.
Information requirements for permit renewals are generally small, consisting
primarily of updating the application, providing the next five-year mine plan,
and evaluating mine performance and results of ongoing monitoring programs.
CWI's permit will expire an April 20, 1993. CWI will therefore need to submit
a permit renewal application request at least 180 days prior to permit
expiration (October 20, 1992),
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