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GENERAL37490
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Last modified
8/24/2016 7:57:36 PM
Creation date
11/23/2007 9:12:01 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981041
IBM Index Class Name
General Documents
Doc Date
8/15/2003
Doc Name
Proposed Decision & Findings of Compliance for SL2
From
Partial Phase I
Permit Index Doc Type
Findings
Media Type
D
Archive
No
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SUMMARY OF THE REVIEW PROCESS <br />On December 23, 2002, the Colorado Division of Minerals and Geology (Division) received Snowcap <br />Coal Company's (SCC) application for a partial Phase I bond release for the Roadside North and South <br />Portals Mine (Roadside), Permit No. C-1981-041. The application and subsequent correspondence <br />related to the bond release was prepared and submitted by J.E. Stover & Associates, consultant to SCC. <br />The application was submitted pursuant to Rule 3.03.1 (2)(b). The mine is located in Mesa County, <br />Colorado, approximately 3 miles northeast of Palisade, at the Interstate 70 Cameo Exit No. 46. Copies of <br />the bond release application were properly submitted to the federal Office of Surface Mining Reclamation <br />and Enforcement (OSM), and the Bureau of Land Management (BLM) Grand Junction Resource Area <br />Office concurrent with submittal to the Division. <br />The initially submitted application was determined by the Division to be incomplete, because required <br />newspaper proof of publication had not yet been submitted. An incompleteness letter dated January 3, <br />2003 was sent to the operator, noting that the proof of publication would need to be submitted before the <br />application could be deemed administratively complete for the purposes of filing. The letter noted certain <br />additional deficiencies and omissions in the application and the proposed public notice, and stated that <br />the additional items would also need to be addressed in order for the application to be judged complete. <br />The initial application did contain proper documentation of notification of permit area and adjacent <br />landowners and appropriate public agencies. <br />The operator satisfactorily responded to all of the concerns noted in the incompleteness letter, with the <br />exception of the newspaper proof of publication, in a submittal of January 13, 2003. The Division <br />received the required newspaper proof of publication on February 7, 2003. The proof documented that <br />the newspaper notice had properly been published in the Grand Junction Daily Sentinel once a week for <br />four successive weeks, beginning January 14, 2003 and ending February 4, 2003. Based on receipt of <br />the proof of publication and the January 13 response submittal, the Division determined the bond release <br />application to be complete, effective February 17, 2003. Notices of completeness were sent to the <br />permittee, and OSM on February 18, 2003. Notice of the scheduled bond release inspection was sent to <br />the permittee, OSM, BLM, and permit area private landowners on February 19, 2003 and again on March <br />5, 2003 to notify parties that the inspection date had been rescheduled from May 13 to May 20, 2003. <br />The site inspection pursuant to Rule 3.03.2(2) was held as scheduled, on May 20 and May 21, 2003. <br />Three permit area private landowners (Warren Reams, Rudy Fontanari, and Thelma Hayes) had <br />contacted the Division prior to the inspection and indicated that they planned to attend, in addition to OSM <br />and BLM personnel, and operator representatives. Time and location of the inspection was confirmed <br />with the interested parties prior to the inspection. All parties that had expressed interest did participate in <br />the inspection with the exception of Warren Reams. Correspondence and phone contact following the <br />inspection revealed that Mr. Reams had mistakenly thought the inspection was to begin at Sam rather <br />than gam, and that he had consequently arrived early and left the site prior to other participants arriving, <br />shortly before gam on May 20. <br />The Division prepared a technical adequacy letter based on a review of the bond release application, <br />which was sent to the operator on May 23, 2003. The letter requested clarifications and amended <br />information regarding certain maps and professional engineer certifications, and also noted that the <br />requested "liability credit" for topsoiling requested in the application would not be approved by the <br />Division. The Division received the operator's responses to the adequacy letter on June 2, 2003. The <br />Division sent afollow-up adequacy review letter to the operator on June 13, 2003, requesting certain <br />additional mapping clarifications. The Division had previously received a BLM comment letter on the <br />bond release application (dated May 28, 2003) and the BLM comments were forwarded to the operator as <br />an attachment to the June 13 letter. BLM recommended approval of the partial Phase I bond release <br />application. BLM also recommended in their letter that remedial revegetation be considered for a portion <br />of the 2 West Portals reclaimed area. They further requested that future revegetation sampling for bond <br />release (Phase II and III) be conducted in a manner that would ensure representative sampling of the 2 <br />West Portals site. <br />Phase I Bond Release 4 August 15, 2003 <br />
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