GENERAL49235

• Permit No: C1981038
• IBM Index Class Name: General Documents
• Doc Date: 7/23/1993
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN2
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

On November 5, 1987, Colorado Westmoreland Inc.'s application for renewal of a
valid and existing permit to conduct coal mining operations, Permit No.
C-038-83, was deemed complete. The Division published its proposed decision
to approve the revision with ten stipulations on August 4, 1988, and amended
the permit decision of March 21, 1983 by renumbering the permit as C-81-038 to
ensure consistency within the MLRD files. Permit C-81-038 was issued by the
Division on July 21, 1988. This date was in error; the permit issuance should
have been back-dated to April 20, 1988. (We will remedy this situation by
correcting the decision date of this permit renewal from July 21, 1983 to
April 20, 1993.)
The Division issued a decision on August 10, 1989 to approve the transfer of
mining permit C-81-038 from Colorado Westmoreland Inc. to Cyprus Orchard
Valley Coal Corporation.
This "Findings of. Compliance" document has been updated to reflect existing
conditions and issues discussed during the 1993 permit renewal process.
These issues were summarized in the Preliminary Adequacy Review letter of
March 19, 1993. COVCC's adequacy responses were received by the Division on
June 4, 1993. Responses were in the form of commitments and a technical
revision. Details of these responses can be found within these renewal
findings.
This document contains the "Proposed Decision to Approve the Permit
Application," a description of the environment affected by the mining
operation and the reclamation plan, and the Division's written findings of
compliance as required by the Colorado Surface Coal Mining Reclamation Act.
Detailed information concerning .the review process is on file at the Division
offices; legal requirements can be found in the Act and Regulations of the
Colorado Mined Land Reclamation Board for Coal Mining. All rules referenced
in this document are contained within the Regulations. Detailed information
about the proposed mining and reclamation operation can be found in the. permit
application on file (File No. C-038-83) in the public record maintained by the
Division, located in .Room 215, Centennial Building, 1313 Sherman Street,
Denver., Colorado 80203, telephone [phone]. Copies of the application
are also available for inspection at the Delta County Clerk and Recorder's
Office in Delta, Colorado.
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 area with the right of successive permit
renewal. Cyprus Orchard Valley Coal Corporation has exercised this right.
The permit area for the Orchard Valley 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, COVCC need only 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.
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