2000-04-20_GENERAL DOCUMENTS - C1981018

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Section 36:N1/2, N1/2 S1/2, S1/2 SW1/4, SW1/4 SE1/4, W1/2 SE1/4 SE1/4This findings document updates and replaces the previous findings document, associated with Permit Renewal No. 2, dated July 26, 1994. Proposed Decision The Colorado Division of Minerals and Geology proposes to approve an application for a permit renewal (RN-03). The application was submitted by Blue Mountain Energy, Incorporated, for the Deserado Mine. This decision is based on a finding that the operations will comply with all requirements of the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) days of the first publication of the issuance of this proposed decision, then this decision becomes final. The renewal application, all supporting documentation and any stipulations or conditions will become a binding part of the permit. During the course of the renewal review, the Division reviewed the amount of the performance bond required to perform the required reclamation, in accordance with Rule 3.02.2(4). Based on the review, the Division determined the reclamation liability for the worst case disturbance during the renewal permit term to be $5,052,786.00, which is $2,049,726.00 less than the liability estimate for the current permit, and $2,072,214.00 less than the bond amount currently held. In accordance with Rule 3.02.2(4), the public is hereby notified that the Division proposes a downward adjustment in the required bond amount for the Deserado Mine, from the current liability amount of 7,102,512.00, to $5,052,786.00. Notice of the proposed reduction in required bond amount will be published concurrently with notice of the permit renewal proposed decision, and opportunity for formal hearing will be provided . No new stipulations were attached to the previous renewal permit dated November 7, 1994. Stipulations 50 and 51 were attached to revision approvals issued subsequent to that date, and these stipulations remain in effect. Stipulation 52 has been complied with. No new stipulations were added as a result of RN-03. The following stipulations are attached to this renewal decision. STIPULATION NO. 50 (TR-38) IF, IN ITS OPERATION, THE OPERATOR DISCOVERS ANY CULTURAL REMAINS, MONUMENTS OR SITES, OR ANY OBJECT OF ANTIQUITY SUBJECT TO THE ANTIQUITIES ACT OF JUNE 8, 1906, (34 STAT. 225; 16JU.S.C. SECS. 431- 433), THE ARCHAEOLOGICAL RESOURCES PROTECTION ACT OF 1979 (PUBLIC LAW 96-95), AND 43 CFR, PART 3, THE OPERATOR SHALL IMMEDIATELY CEASE ACTIVITY AND REPORT DIRECTLY TO THE AREA MANAGER, BUREAU 2