GENERAL38351

• Permit No: C1984065
• IBM Index Class Name: General Documents
• Doc Date: 10/1/1990
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR PR1
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

-6-
Findings of the
Colorado Mined Land Reclamation Division
for
Coal Ridge No. 1 Mine
Explanation of Findings
Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land
Reclamation Board for Coal Mining, the Mined Land Reclamation Division or the
Board must make specific written findings prior to issuance of a permit,
permit renewal or permit revision. These findings are based on information
made available to the Division that demonstrates that the applicant will be
able to operate in compliance with the Colorado Surface Coal Mining
Reclamation Act and the Regulations promulgated pursuant to the Act.
I. Legal. Financial, and Compliance Information - Rule 2.03
Legal, financial, and compliance information reviewed by the Division ca'n be
found in Section 2.0 of Volume I of the permit revision application. Copies
of the leases and warranty deed applying to the proposed operation, which are
kept in a confidential file, were also reviewed. Based on that information,
the Division makes the following findings.
Based on the information provided in the application, the Division finds,
pursuant to Rule 2.07.6(2)(f) that New Castle Energy Corporation is in ~
compliance with Rule 2.03.6(2). The private mineral estate has been severed
from the surface estate, and the executed coal leases are the documents of
conveyance that expressly grant the right to extract coal within the permit
area.
i
Pursuant to Rule 2.07.6(2)(g) and on the basis of evidence submitted by the
applicant, the Division finds that New Castle Energy Corporation does not
control and has not controlled mining operations with a demonstrated pattern
of willful violations of the Act of such nature, duration, and with such
resulting irreparable damage to the environment, as to indicate an intent not
to comply with the provisions of the Act.
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
Based upon information provided by the applicant and Garfield County the
applicant has obtained local government approval by way of a Resolution
Concerned With the Approval of an Application for Special Use Permits. The
resolution was passed by unanimous vote of the Garfield County Commissioners
on October 16, 1990. The resolution states, in part:
Any cessation of mining activity for a period of more than one year shall
be considered an invalidation of all land use permits and any resumption
of mining activity shall require a new special use permit application
(Garfield County Commissioners Resolution 90-OS3, Section 2.6.).