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<br /> <br />Section I - History <br />Cyprus Orchard Valley Coal Corporation currently operates the Orchard Valley <br />and Orchard Valley West mines under Permit No. C-81-038. The Orchard Valley <br />Mine permit application was originally submitted on September 30, 1977 and was <br />determined to be complete on October 7, 1977. The permit application was <br />approved by the Mined Land Reclamation Board under the interim program on <br />April 27, 1978. A modified permit application to comply with the proposed <br />Colorado Permanent Regulatory Program was submitted on June 18, 1979 and <br />revised on February 17, 1981. The Division then published its proposed <br />decision approving the application with 25 stipulations on August 20, 1981. <br />The Permanent Program Permit No. C-038-81 was issued on September 24, 1981. <br />A permit revision application to incorporate 480 acres into the permit area of <br />Permit No. C-81-38 was submitted to the Division on November 18, 1982 and was <br />determined to be complete on November 26, 1982. CWI's application included <br />information from the adjacent Orchard Valley Permit C-81-038 as well as the <br />permit revision area. The Division published its proposed decision to approve <br />the permit revision with eight stipulations on March 21, 1983. Permit <br />No. C-038-83, which superseded Permit No. C-81-038, was issued by the Division <br />on April 20, 1983. <br />On August 29, 1984, Colorado Westmoreland Inc. submitted a permit revision to <br />their existing Permit No. C-83-038. The permit revision incorporated an <br />additional 5,119.7 acres of adjacent federal coal (Lease C-37210) into the <br />mine permit area. CWI planned to mine this coal by extending the existing <br />mine workings north and west into these areas. <br />On June 1, 1986, the Orchard Valley Mine experienced a mine fire that <br />necessitated the closure of the mine portals. Because of the high potential <br />for re-ignition of the workings if the portals were reopened, an alternative <br />portal area was chosen. A permit revision was submitted August 18, 1986 <br />proposing the construction of a temporary portal in an area west of the <br />existing facilities in the East Roatcap Creek drainage. This portal was <br />originally proposed to remain active for approximately two years after <br />construction but market conditions necessitate its use through 1993. <br />Thereafter, it will be used for a ventilation shaft and emergency escapeway. <br />The August 18, 1986 revision also had provisions for the construction of a <br />haul road from Stevens Gulch to the proposed portal site. The entries of the <br />portals run northwest until they intercept the sub-main entries of the <br />previously approved mine plan. A "Findings of Compliance" was issued on <br />October 12, 1986, superseding the findings proposed on June 20, 1985 for <br />Permit No. C-83-038. The document also took into consideration any <br />stipulations imposed on Permit C-83-038 by reinforcing those stipulations that <br />still applied. <br />On November 5, 1987, Colorado Westmoreland Inc.'s application for renewal of a <br />valid and existing permit to conduct coal mining operations, Permit No. <br />C-038-83, was deemed complete. The Division published its proposed decision <br />to approve the revision with ten stipulations on August 4, 1988 and amended <br />the permit decision of March 21, 1983 by re-numbering the permit as C-81-038 <br />to ensure consistency within the MLRD files. Permit C-81-038 was issued by <br />the Division on July 21, 1988. This date was in error. The permit issuance <br />should have been back-dated to April 20, 1988. (We will remedy this situation <br />by correcting the decision date of the upcoming permit renewal from <br />July 21, 1993 to April 20, 1993.) <br />-2- <br />