GENERAL42241

• Permit No: C1981035
• IBM Index Class Name: General Documents
• Doc Date: 7/12/1989
• Doc Name: Proposed Decision & Findings of Compliance for PR1
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

Findings of the Colorado t4ined Land Reclamation Division
for the
Y,in_a Coal Mine
Permit Re vi Sion No. 1
Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land
Reclamation Board for Coal Mining, and the approved State program, the
Division or the Mined Land Reclamation Board must make specific written
findings prior to issuance or substantial modification of a permit. These
findings are based on information made available to the Division that
demonstrates that the applicant has and will continue to operate in compliance
with the Colorado Surface Coal Mining Reclamation Act and the Regulations
promulgated pursuant to the Act.
This findings document is organized according to the major disciplines
reviewed during the review process. The findings which have been made by the
Division are addressed under the appropriate discipline subtitle. Also,
specific approvals required to be made by the Division pursuant to
Rule 2.07.6(2)(m), are discussed under the appropriate discipline.
I. Legal, Financial and Compliance Information - Rules 2.03
g an
The surface estate of the 60 acre permit revision area is owned by Mr.
Lawrence Huntington. The mineral rights are owned by the United States of
America and administered by the Bureau of Land Management (BLM). Because the
mineral estate to be mined is not private, the finding specified by Rule
2.07.6(2)(f) does not apply.
Pursuant to Rule 2.07.6(2)(8), the Division finds that National Y.ing Coal,
Inc. does not own or control any surface coal mining operations which are
currently in violation of the Act or any applicable law of the United States
or of this State, or any applicable rule or regulation of any department or
agency of the United States, other states and this State pertaining to air or
water environmental protection. This finding is based on information in the
permit application indicating that neither the operator nor its officers or
principal shareholders have operated any other coal operation in the United
States within the previous 5 years. The finding was verified by a check of
the Automated Violator System, a review of the Division files, and a telephone
contact with Ms. Pat Nelson of the Colorado Department of Health, Water
Quality Control Division on June 5, 1989.
Pursuant to Rule 2.07.6(2)(h), the Division finds that National King Coal,
Inc. 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 to
indicate an intent not to comply with the provisions of the Act.
The operation is in compliance with the requirements of this section.
II. Land Use - Rules 2.04.3, 2.05.5 and 4.16
The specific findings required under this section which were made in the
July, 1987 Findings Document have not been modified by the proposed revision,
and those findings remain applicable.