GENERAL43391

• Permit No: C1981038
• IBM Index Class Name: General Documents
• Doc Date: 4/9/2004
• Doc Name: Amended Proposed Decision & Findings of Compliance For RN4
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

Right of Successive Renewal
C.R.S 34-33-109(7) and Regulation 2.08.5 allow an operator to permit any lands outside the five-year mine
plan azea with the right of successive permit renewal. BRL has exercised this right by submitting a
complete permit renewal application package at least 180 days before the current permit expires. The
permit azea for the Bowie No. t Mine that was included in the application contains coal reserves projected
to last to the year 2010. The Division originally granted CWI approval to mine all of these lands (subject
to the attached conditions). However, the permit term will be divided into five-year increments. At the
end of each permit term, BRL needs only to apply for a permit renewal (along with responding adequately
to any applicable stipulations or conditions). In determining whether to approve or deny a renewal, the
burden shall be on the opponent of the renewal.
Description of the Environment
The Bowie No. 1 Mine is situated in the northeastern portion of Delta County, Colorado, and is located
approximately four {4) miles north of Paonia, Colorado, along the Steven's Gulch Road. The western
extremities of the Bowie No. 1 Mine permit area are bounded closely by the East and West Roatcap Creek
drainage divide, and the northern boundary is located at approximately the Morrell Cow Camp area. The
coal loadout facilities are located approximately one mile northeast of Paonia along State Highway No. 133.
The general area in which the mine is located is characterized by a semi-arid environment of steeply
sloping mountains.
Both the main mine portal facilities (East Mine) and the loadout were constructed in the 1970's, prior to the
passage of the Colorado Surface Coal Mining and Reclamation Act (SMCRA). The West Mine facilities
were built in late 1986 and early 1987.
Land Use -Rules 2.04.3, 2.05.5, 4.16
The discussion of land use may be found in Volume l on pages 1 to 10 of Section 2.04.3 and pages 80 to
83 of Section 2.05.5. Aland use appendix is located in Volume 9, along with Map No. 9-l, "Land Use
Information Map."
The permit area can be divided into two general land use categories. The loadout is within an area
historically used as cropland or, more specifically, orchard land. The permit area north of Highway 133 is
used as short-term grazing and wildlife habitat. Grazing tends to be short term due to the low productivity
of the pinon-juniper and oakbrush vegetation.
Some recreational use, hunting and hiking in particulaz, occurs within the mine area. There are also a few
summer homes, cow camps, and even a restaurant that has been used intermittently.
The pre-mining land use classifications on the area are: (I) grazing land for domestic livestock and
wildlife, (2) orchard land in the area of the loadout facilities, and (3) previous mine disturbances.
After mining, BRL plans to return the land to the pre-mining land uses of grazing for livestock and wildlife
for the mine sites, and orchard land for the loadout facilities. The permit renewal will not change the
previously approved post-mining land uses.
Cultural and Historic Resources -Rules 2.04.4. 2.05.6(41
Cultural, historic, and archaeological studies have been conducted over the life of mine and adjacent areas
in April and May of 1977, August 1980, August 1981, July 1982, May and September of 1984, and July
1986. The methodology and results of these surveys are set forth in detail in the Archaeological Appendix