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-1- <br />INTRODUCTION <br />Colorado Westmoreland Inc. (CWI), a subsidiary of Westmoreland Coal Company, <br />has filed a permit revision application for the Orchard Valley Mine pursuant <br />to the Colorado Surface Coal Mining Reclamation Act (Section 34-33-109, C.R.S. <br />1973, as amended) and the Rules promulgated thereunder. The Orchard Valley <br />Mine is an existing underground mine which has been in operation since 1975. <br />The mine is situated in the northeastern portion of Delta County, Colorado and <br />is located approximately 4 miles north of Paonia, Colorado along the Steven's <br />Gulch Road. The southern extremities of the Orchard Valley Mine permit area <br />are bounded closely by Steven's Gulch, and the northern boundary is located <br />approximately at the Morrell Cow Camp area. The eastern extremity of the <br />permit area is located approximately 0.5 miles west of Terror Creek and the <br />western boundary is located approximately 1 mile west of EAst Roatcap Creek. <br />The coal loadout facilities are located approximately 1 mile northeast of <br />Paonia along State Highway No. 133. <br />The Orchard Valley Mine permit application was originally submitted on <br />September 30, 1977, and was determined to be complete on October 7, 1977. The <br />permit application was approved by the Mined Land Reclamation Board under the <br />interim program on April 27, 1978. A modified permit application to comply <br />with the proposed Colorado Permanent Regulatory Program was submitted on June <br />18, 1979, and revised on February 17, 1981. This application was determined <br />to be complete on February 27, 1981. The Division then published it's <br />proposed decision approving the application with several stipulations on <br />August 20, 1981. The Permanent Program Permit No. C-038-81 was issued on <br />September 24, 1981. <br />A permit revision application to incorporate 480 acres into the permit area of <br />Permit No. C-38-81 was submitted to the Division on November 18, 1982, and was <br />determined to be complete on November 26, 1982. CWI's application included <br />information from the adjacent Orchard Valley Permit C-038-81 as well as the <br />permit revision area. The Division published its proposed decision to approve <br />the permit revision with stipulations on March 21, 1983. Permit No. C-038-83 <br />which superseded Permit No. C-038-81 was issued by the Division on <br />April 20, 1983. <br />On August 29, 1984 Colorado Westmoreland Inc. submitted a permit revision to <br />their existing permit No. C-038-83. The permit revision incorporated ari <br />additional 5719.7 acres of adjacent federal coal (Lease C-37210) into the mine <br />permit area. <br />On June 1, 1986 the Orchard Valley Mine experienced a mine fire that <br />necessitated the closure of the mine portals. Because of the high potential <br />for reignition of the working if the portals were re-opened an alternative <br />portal area was chosen. An area west of the present facilities in the East <br />