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(Lease C-37210) into the mine permit area. CWI planned to mine this coal by extending the existing
<br />mine workings north and west into these areas.
<br />On June 1, 1986, the Orchard Valley Mine (Bowie No. 1) experienced a mine fire that necessitated the
<br />closure of the mine portals. Because of the high potential of reignition of the workings if the portals
<br />were reopened, an alternative portal area was chosen. A permit revision was submitted August 18,
<br />1986, proposing the construction of a temporary portal in an area west of the existing facilities in the
<br />East Roatcap Creek drainage. This portal (Orchazd Valley West Mine (OVWM)) was originally
<br />proposed to remain active for approximately two yeazs after construction, but mazke[ conditions made
<br />it necessary to use these facilities to export coal from the mine until June 1993. Hereafter, it will be
<br />used for materials transport, a maintenance shop, ventilation and emergency escapeway. The August
<br />18, 1986 revision also had provisions for the construction of a haul road from Steven's Gulch to the
<br />proposed portal site. The entries of the portals run northwest until they intercept the sub-main entries
<br />of the previously approved mine plan. A "Findings of Compliance" was issued on October l2, 1986,
<br />superseding the findings proposed in June 20, 1985 for Permit No. C-81-038. The document also took
<br />into consideration any stipulations imposed on Permit C-81-038 by reinforcing those stipulations that
<br />still applied.
<br />On November 5, 1987, Colorado Westmoreland Inc.'s application for renewal (RN-Ol) of a valid and
<br />existing permit to conduct coal mining operations, Permit No. C-81-038, was deemed complete. The
<br />Division published its proposed decision to approve the revision with ten stipulations on August 4,
<br />1988, and amended the permit decision of March 21, 1983 by renumbering the permit as C-81-038 to
<br />ensure consistency within the MLRD files. Permit C-81-038 was issued by the Division on July 21,
<br />1988. However, this date was in error; the permit issuance should have been April 20, 1988. In order
<br />to remedy this situation, the 1993 permit renewal issuance date was back-dated to April 20, 1993, with
<br />a permit expiration date of April 20, 1998.
<br />The Division issued a decision on August 10, 1989 to approve the transfer of mining permit C-81-038
<br />from Colorado Westmoreland Inc. to Cyprus Orchard Valley Coal Corporation (COVCC).
<br />On January 21, 1993, Cyprus Orchard Valley Coal Corporation submitted an application for permit
<br />renewal number 2 (RN-02). The permit renewal application was deemed complete on January 22,
<br />1993. The Division sent to the applicant [he Preliminary Adequacy Review letter dated
<br />March 19, 1993. COVCC's adequacy responses were received by the Division on June 4, 1993.
<br />Responses were in the form of commitments and a technical revision. The proposed decision to
<br />approve with conditions was made on July 23, 1993. The decision became final on August 23, 1993.
<br />Due to the error in assigning the correct permit issuance date in 1988, [he permit renewal number 2
<br />issuance date was back-dated to April 20, 1993 and the expiration date became April 20, 1998.
<br />Stipulations numbers 26, 27, 28, 34, 41, 42 and 43 were attached to permit renewal number 2.
<br />On April 28, 1993 permit revision no. 3 (PR-03) was submitted by COVCC for the inclusion of 510
<br />acres into the permit azea, as a result of the new coal lease COC-53356.The permit revision, with ten
<br />stipulations attached, was approved on July 30, 1993.
<br />On May 22, 1993, Technical Revision No. 22 was approved. This TR added sixty acres onto the west
<br />side of the permit area, so that the permit boundary would include the angle of draw projected to the
<br />surface for coal lease COC-37210M.
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