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Introduction <br />This document is the decision package prepazed by the Colorado Division of Reclamation, <br />Mining and Safety (Division) for the West Elk Mine, Permit Renewal No. 5 (RN-OS). This <br />document includes: 1) the proposed decision to approve the permit revision application; <br />2) a summary which includes a history of the review of the permit application, a description of <br />the environment affected by the operation and a description of the mining and reclamation plan; <br />and 3}the written findings of compliance the Division has made as required by the Colorado <br />Surface Coal Mining Reclamation Act. Detailed information concerning the findings of <br />compliance can be found in the Regulations of the Colorado Mined Land Reclamation Board for <br />Coal Mining. <br />The Division received an application for RN-OS from Mountain Coal Company (MCC), the <br />operator of the West Elk Mine. The mine permit area encompasses approximately 15,638 acres <br />on federal and private lands within Gunnison and Delta Counties, Colorado. The legal <br />description of the lands included within the permit area include all or portions of: Sections 9, 1 Q <br />11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and <br />36, Township 13 South, Range 90 West of the 6~' P.M., Sections 23, 24, 25 and 26, Township <br />13 South, Range 91 West of the 6`!' P.M, and Sections 2, 3, 4, 8, 9, 10, and 11, Township 14 <br />South, Range 90 West of the 6°i P.M. The location of the above lands can be found on the USGS <br />7.5 minute Quadrangle maps of Bowie and Somerset. <br />Proposed Decision <br />The Colorado Division of Reclamation, Mining and Safety proposes to approve the application <br />for Permit Renewal 5. This decision is based on a finding that the operations will comply with <br />all requirements of the Colorado State Program as found in the Colorado Surface Coal Mining <br />Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations promulgated pursuant to the Act. <br />If no request for a formal hearing is made within thirty (30) days of the first publication of the <br />issuance of this proposed decision, then this decision becomes final. Upon submittal of <br />acceptable surety by MCC, the permit will be issued. The permit application, all supporting <br />documentation and any stipulations or conditions will become a binding part of the permit. <br />A list of active and inactive permit stipulations is included below. These stipulations aze <br />conditions of the permit prior to RN-O5. <br />Stipulation No. 1 <br />NO MINING IS ALLOWED WITHM THE MINNESOTA CREEK BASIN UNTIL AN APPROVED <br />ADJUDICATION PLAN (S RECEIVED. <br />STATUS: TERMINATED 1/25/07, STIPULATION WAS FOR F SEAM MINING THAT WAS NOT PROPOSED <br />