GENERAL41505

• Permit No: C1981034
• IBM Index Class Name: General Documents
• Doc Date: 5/1/1984
• Doc Name: PROPOSED DECISION AND FINDINGS OF COMPLIANCE
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

Pursuant to Rule 2.07.6(2)(h), the Division finds that Grand Mesa Coal Company
does not own or 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. However,
Grand Mesa and other operations managed by Western Associated Coal Corp. in
Colorado have received a number of violation notices from the Division and the
Office of Surface Mining during the three year period prior to the date of
application and subsequent to submittal of the application. A listing of the
notices of violation and final resolution of each notice of violation is
included in the application on pages 21 through 21b.
The operation does not involve the extraction of coal by surface mining
methods. Therefore, pursuant to Rule 2.01.6(2)(f), the Division finds that
the documentation specified by Rule 2.03.6(2) is not required.
Approximately 47, of the "D" seam coal to be mined during the permit term is
from Federal Lease D-036906, the remainder of the "D" seam coal and all of the
"E" seam coal to be mined during the permit term is private coal either owned
or leased by Grand Mesa Coal Company. Grand Mesa Coal Company is the owner of
lands affected by the existing and proposed surface facilities at the Red
Canyon Mines.
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
Information on pre-mining and adjacent land use is provided on pages 34
through 39 of the application. Post-mining land use is discussed on page 137.
Pre-mining land use in the 41 acre surface disturbance area associated with
the existing Red Canyon No. 1 Mine and proposed Red Canyon No. 2 Mine, as well
as immediately adjacent areas was primarily wildlife habitat. Previous
surface and underground mining activities have disturbed lands within and
adjacent to the surface facilities area. Mining began in the permit area in
1916, and has been continuous since that time. Grand Mesa Coal Company began
mining at the Red Canyon No. 1 Mine in 1978. Land uses adjacent to the Red
Canyon Mine include wildlife habitat, irrigated pastureland and orchards.
Pre-mining land use at the Delta Load-out was industrial; a sugar processing
plant.
Grand Mesa proposes to reclaim the mine area and the load-out to the
pre-mining uses of wildlife habitat and industrial site, respectively. The
13.5-acre Delta load-out was previously the site of the Holly Sugar Plant.
Silos and other facilities presently used by Grand Mesa were previously a part
of the sugar plant.
The applicant's proposal is acceptable to the Division. These land uses are
consistent and compatible with adjacent land uses. Grand Mesa Coal Company is
the surface owner of the disturbed lands within the permit area. Pursuant to
Rule 2.07.6(2)(1), the post-mining land uses of wildlife habitat for the mine
and industrial use for the load-out are hereby approved by the Division.
These uses meet the requirements of Rule 4.16.