1994-10-21_GENERAL DOCUMENTS - C1980007

• Permit No: C1980007
• IBM Index Class Name: General Documents
• Doc Date: 10/21/1994
• Doc Name: Proposed Decision & Findings of Compliance for PR5
• From: Jumbo Mountain Lease
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

Findings of the
Colorado Division of Minerals and Geology
for the
West Elk Mine
Explanation of Findings
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 of Minerals and Geology 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.
The findings in the following sections required by Rule 2.07.6(2) are listed
in accordance with that Rule. The findings and specific approvals required
pursuant to Rule 2 .07.6 (2) (m) are listed in accordance with Rule 4 and are
organized under subject or discipline subtitles.
This findings document is updated upon permit renewal, which occurs every five
years for most mines, and upon approval of a permit revision. This is the
findings document for the permit revision which proposes to expand the permit
area by 1,012 acres to include the Jumbo Mountain Lease Tract. The following
findings were reevaluated and updated, if necessary, to reflect changes which
have occurred as a result of this revision.
Section A
Findings Required by Rule 2.07.6 (2) .
1. The permit application is accurate and complete. All requirements of
the Act and these rules have been complied with (2.07.6(2) (a) ) .
2, Based on information contained in the permit application and other
information available to the Division, the Division finds that surface
coal mining and reclamation can be feasibly accomplished at the West Elk
Mine (2.07.6 (2) (b) ) .
3. The assessment of the probable cumulative impacts of all anticipated
coal mining in the general area on the hydrologic balance, as described
in 2.05.6 (3) , has been made by the Division. This assessment, entitled
"Cumulative Hydrologic Impact Study - North Fork of the Gunnison River, "
is available for inspection at the offices of the Division. The
Division finds that the operations proposed under the application have
been designed to prevent damage to the hydrologic balance outside the
proposed permit area (2.07.6 (2) (c) ) .
4 . The Division finds that the permit area is, subject to valid rights
existing as of August 3, 1977, not within:
a) An area designated unsuitable for surface coal mining operations
(2 .07.6 (2) (d) (i) ) ;
b) An area under study for designation as unsuitable for surface coal
mining operations (2 .07.6 (2) (d) (ii) ) ;
c) The boundaries of the National Park System, the National Wildlife
Refuge System, the National System of Trails, the National
Wilderness Preservation System, the Wild and Scenic Rivers System
including rivers under study for designation, and National
Recreation Areas (2 .07 .6 (2) (d) (iii) (A) ) ;
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