GENERAL39719

• Permit No: C1981041
• IBM Index Class Name: General Documents
• Doc Date: 8/15/2005
• Doc Name: Midterm Review Findings Document
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

III. SUMMARY OF CHANGES REQUESTED
Pursuant to Rule 2.08.3, the Division has conducted a midterm review and has found that certain
minor modifications are needed to ensure future compliance with the Colorado Surface Coal Mining
Reclamation Act and the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining.
2.05.3(3) Mine Facilities
On page 13-5 of the approved permit application, there are two paragraphs describing an
agreement or pending agreement between SCC and Lodestar Energy, Inc. (LEU, that would
allow LEI to utilize the rail spur, unit train loadout, and related facilities. The cited narrative is
consistent with the justification provided in the November 5, 2002 Notice of Temporary
Cessation far the loadout, which indicates that "...Lodestar Energy, Inc. anticipates utilizing
the loadout as soon as appropriate coal sales are realized". Because of the temporary
cessation status, there is no specific deadline set forth in the permit for initiation and
completion of reclamation of the unit train loadout, rail spur, and associated facilities.
Lodestar Energy, Inc. has been dissolved, and its former mining operations in Colorado have
been acquired by another company. As such, the agreements referenced in the. Roadside
permit application between SCC and LEI regarding LEI's future use of the unit train loadout
(UTL) no longer provide a basis for continued temporary cessation status of the operation.
Please amend the relevant permit sections that contain outdated narrative referencing
anticipated future use of the unit train loadout by LEI, and withdraw or propedy amend the
November 5, 2002 temporary cessation notice. Also, unless appropriate documentation can
be provided to demonstrate the probability of future use of the existing UTL facilities under
the existing permit, please amend the Figure 14-1 Reclamation Schedule to include appropriate
dates for initiation and completion of the reclamation tasks identified on Figure 14-1, page 6.
2.05.4 Reclamation Plan
2. In a letter of February 74, 2005, the Division identified a number of concerns and made
several recommendations and requests based on review of the 2004 Annual Reclamation
Report and Revegetation Evaluation. SCC initially responded to these concerns by submittal
of a minor revision application (MR-68), which was subsequently withdrawn in response to
Division request to address the proposed permit amendments within a technical revision
application. The requested technical revision application has not been submitted.
Please submit a complete technical revision application addressing the reclamation plan
amendments initially addressed in the 2004 Annual Reclamation Report and Revegetation
Evaluation, and the Division's February 14, 2005 review letter.
2.05.6(6) Subsidence Survey
Please review Exhibit 46 "Manmade Features Map", and ensure that all structures and irrigated
lands are depicted on the map. Please amend the map and relevant permit text if necessary, to
include any structures that may have been added since the map was last revised.