GENERAL38316

• Permit No: C1980002
• IBM Index Class Name: General Documents
• Doc Date: 10/29/1981
• Doc Name: PROPOSED DECISION and FINDINGS OF COMPLIANCE
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

-2-
II. Rules 2.04.3, 2.05.5 and 4.16 -_Land Use
Information about land use can be found on pages G and 7 of the permit application.
The pre-mining land use at the OC Mine No. 2 site was grazing and wildlife habitat.
The adjacent land use is also grazing and wildlife habitat, as shown on page 15b of
the application. For post-mining land use, the applicant proposes to reclaim the
mine site to grazing and wildlife habitat.
The applicant should be able to achieve this post-mining Iand use for the following
principal reasons. First, the plant growth media to be used in reclamation is of
good quality. Second, the area will be seeded with a mixture of native species,
and third, the small area of disturbance will facilitate natural reinvasion of native
species from adjacent undisturbed stands. Therefore, pursuant to Rule 2.07.6(2)(1),
the Division finds that all requirements of 4.16 are rrirt by the applicant and approves
the post-mining land use of grazing and wildlife habitat.
The proposed operation is in compliance with the requirement addressed in this section.
III. Rules 2.09.4 and 2.05.6(4) - Cultural and !listoric Resources
Information concerning cultural and historic resources can be found on page 7 of the
application and in a U.S. Geological Survey (USGS) report included as Exhibit 7.
The USGS report concluded that there are no known archeological values on or near the
lands to be affected. Furthermore, the report states that there may be some remnants
of past mining operations which are of historic interest, but are probably of little
importance since they are highly deteriorated and beyond preservation. However,
none of these sites will be affected by the mining operation.
Since all surface disturbing activities have taken place, no survey for cultural
resources is required. However, if in the future, expansion of operations with
associated surface disturbance is requested, a cultural resource inventory of these
areas is required prior to approval. Unanticipated finds are covered by stipulation.
The Office of Surface Mining has received concurrence on a "NO Effect", "NO Adverse
Effect" recommendation from the Colorado State Historic Preservation Office (see
concurrence Letters). Therefore, the proposed application and the Office of Surface
Mining is in compliance with the applicable cultural resource legislation.
IF, DURING THE COURSE OF MINING OPERATIONS, PREVIOUSLY UNIDENTIFIED CULTURAL
RESOURCES ARE DISCOVERED, THE APPLICANT S11ALL ENSURE THAT THE SITE(S)
IS NOT DISTURBED AND SHALL NOTIFY THE REGULATORY AUTHORITY. THE OPERATOR
SHALL ENSURE THAT THE RESOURCE(S) ZS PROPERLY EVALUATED IN TERMS OF
NATIONAL REGISTER ELIGIBILITY CRITERIA (36 CFR 60.6). SHOULD A RESOURCE
BE FOUND ELIGIBLE FOR LISTING IN CONSULTATION WITH T!!E REGULATORY
AUTHORITY, THE LAND MANAGING AGENCY (Il• TIfE SITE ZS LOCATED ON FEDERAL LANDS)
AND THE SHPO, TffE OPGRJITOR SIIALL CONFER [JIT!! AND ODTAIN THE APPROVAL
OF T(fESE AGENCIES CONCERNING TlfE DEVELOPMENT AND IMPLEMENTATION OF
MITIGATION MEASURES.
IV. Rules 2.04.5 and 2.04.6 - Geoloyy
Information on the geology of the area to be mined can be found in exhibits 7 and
19 of the permit application.
The OC Mine No. 2 is located at the very southeast extremity of the Piceance
Basin. The lease area is underlain by interbedded non-marine sandstones,
siltstones, shales, carbonaceous shales and coal beds assigned to the Mesa