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-3- SUMMARY THE REVIEW PROCESS Colorado Westmoreland Inc. (CWI), a subsidiary of Westmoreland Coal Company, has filed a permit renewal application for the Orchard Valley Mine pursuant to the Colorado Surface Coal Mining Reclamation Act (Section 34-33-109, C.R.S. 1973, as amended) and the Rules promulgated thereunder. The Orchard Valley Mine is an existing underground mine which has been in operation since 1975. The Orchard Valley Mine permit application was originally submitted on September 30, 1977, and was determined to be complete on October 7, 1977. The permit application was approved by the Mined Land Reclamation Board under the interim program on April 27, 1978. A modified permit application to comply with the proposed Colorado Permanent Regulatory Program was submitted on June 18, 1979, and revised on February 17, 1981. This application was determined to be complete on February 27, 1981. The Division then published its proposed decision approving the application with twenty-five stipulations on August 20, 1981. The Permanent Program Permit No. C-038-81 was issued on September 24, 1981. A permit revision application to incorporate 480 acres into the permit area of Permit No. C-81-38 was submitted to the Division on November 18, 1982, and was determined to be complete on November 26, 1982. CWI's application included information from the adjacent Orchard Valley Permit C-81-038 as well as the permit revision area. The Division published its proposed decision to approve the permit revision with eight stipulations on March 21, 1983. Permit No. C-038-83 which superseded Permit No. C-81-038 was issued by the Division on April 20, 1983. On August 29, 1984 Colorado Westmoreland Inc. submitted a permlt revision to their existing permit No. C-83-038. The permit revision incorporated an additional 5719.7 acres of adjacent federal coal (Lease C-37210) into the mine permit area. CWI planned to mine this coal by extending the existing mine workings north and west into these areas. On June 1, 1986 the Orchard Ya11ey Mine experienced amine fire that necessitated the closure of the mine portals. Because of the high potential for re-ignition of the workings if the portals were re-opened an alternative portal area was chosen. A permit revision was submitted August 18, 1986, proposing the construction of a temporary portal in an area west of the existing facilities in the East Roatcap Creek drainage. This portal was originally proposed to remain active for approximately two years after construction but current market conditions necessitate its use for the next five years. Thereafter, it will be used fora ventilation shaft and emergency escapeway. The August 18, 1986 revision also had provisions for the construction of a haul road from Steven's Gulch to the proposed portal site. The entries of the portals run northwest until they intercept the sub-main entries of the previously approved mine plan. A "Findings of Compliance" was issued on October 12, 1986, superceding the findings proposed on June 20, 1985 for permit C-83-038. The document also took into consideration any stipulations imposed on Permit C-83-038 by reinforcing those stipulations that still applied.