Laserfiche WebLink
-11- <br />law, rule, or regulation enacted pursuant to Federal law, pertaining to air or <br />water environmental protection or any provision of the Surface Mining Control <br />and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. <br />Pursuant to Rule 2.07.6(2)(h), the Division finds that the applicant does not <br />control and has not controlled any mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and with <br />such resulting irreparable damage to the environment as to indicate an intent <br />not to comply with the provisions of the Act. <br />Pursuant to R e 2.07.6(2 the Division has determined that at the Energy <br />Mine No. 3 wh re the private ineral estate has been severed from the private <br />surface est Getty Minerals arketing is the surface owner, thus no consent <br />of surface ow is required. <br />The permit application is in compliance with the requirements of this section. <br />II. Land Use -Rules 2.04.3, 2.05.5 and 4.16 <br />Land use is discussed in Section 2.04.3 of the permit application and shown on <br />Map No. 9a. The pre-mining land use within the permit area is pastureland. <br />Five pastures were affected by mining, ranging in size from 330 areas to 807 <br />acres. Pasturelands were separated by fences. Management practices in the <br />pasturelands included the cutting of hay and regulated grazing. Some areas <br />within the pastureland have been seeded and improved through the use of <br />irrigation and fertilization. All pasturelands are managed principally for <br />improved pasture species and increased hay and forage production. <br />Surface coal mining activities at the Energy Mine No. 3 occurred from <br />1974-1980 and underground mining activities in the Middle Creek Mine were <br />initiated in 1979. Both mines have remained inactive since 1980. The <br />underground mine will not be reactivated, but the remaining coal in the <br />surface mine will be mined. <br />CYCC is proposing to return the reclaimed lands to the pre-mining land use of <br />pastureland. Pursuant to Rule 2.07.6(2)(1), the Division approves the <br />proposed post-mining land use. Based on the information in the reclamation <br />plan, including backfilling and grading, topsoil redistribution and <br />revegetation, the applicant has demonstrated that all areas affected by <br />surface coal mining operations can be restored to conditions that are capable <br />of supporting the uses which they were capable of supporting before any <br />mining. The post-mining land use meets the requirements of Rule 4.16. <br />The permit application is in compliance with this section. <br />III. Cultural and Historic -Rules 2.04.4, 2.05.6(4) and 2.07.6(2)(e) <br />Cultural and historic resources are discussed in Section 2.04.4 of the permit <br />application. The applicant conducted a records search for cultural resources <br />within the permit area and the report is found in Exhibit 12 of the <br />application. There are no known cultural resources within the permit area. <br />