GENERAL35773 - Laserfiche WebLink

Home Browse Search

-10- Pursuant to Rule 2.07.6(2)(f), the applicant has submitted the documentation required under 2.03.6(2) regarding surface owner consent to mine private coal which has been severed from the private surface estate. Documents of conveyance are listed on pages I-7 through I-9(a). The "Mabee" Lease and the "Bogle" Lease convey to the applicant the surface owner consent to extract coal by surface mining methods within the permit area. All surface land within the permit area and coal to be mined is privately owned, and leased to the Rockcastle Company. The proposed operation is in compliance with the requirements of this section. II. Land Use - Rules 2.04.3, 2.05.5 and 4.16 The pre-mining land use at Grassy Gap is rangeland. The landowner, Bogle Farms, has utilized the area primarily for sheep grazing during the summer. The permit area is used by mule deer and elk and falls within winter range for both species as mapped by the Division of Wildlife. The area is also used during other seasons by big game and various other wildlife species. The proposed post-mining land use is also rangeland. In order to maximize the forage production for livestock, the surface landowner, Bogle Farms, has requested that shrubs and trees not be planted on reclaimed areas. During the review, the Division stated, based on input from the Colorado Division of Wildlife (DOW), that the potential impact on deer and elk resulting from the vegetation type conversion would have to be evaluated. Subsequently, DOW has indicated that a conversion from an aspen-shrub type to a grass forb type would not be inherently bad. Bill Clark of DOW indicated in a phone conversation of January 31, 1984 that, due to the limited size of the disturbance at Grassy Gap and the relatively high elevation, significant impacts to deer and elk would not be anticipated. The total disturbed acreage proposed is 337 acres. The largest contiguous disturbance is the 137 acre pit 4 mining area. Information on pre-mining and adjacent land use is provided on Pages II.A-1 through II .A-6. Post-mining land use is discussed on pages IV-17 through IV-18. Land owner comments are provided on page IV-19. The proposed post-mining land use is acceptable to the Division. Rangeland is consistent with adjacent land uses and the plan has been designed to be consistent with surface owner plans. The proposed operation is in compliance with the requirements of this section.