GENERAL49836

• Permit No: C1981008
• IBM Index Class Name: General Documents
• Doc Date: 2/28/1989
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR PR2
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

Summary
The Review Process
The Nucla Mine, operated by Peabody Coal Company (Peabod.v) since 1963, is
located in Montrose County approximately two and one-half miles northwest of
the town of Nucla. The Nucla East addition to the mine, the subject of this
permit revision, is located on a 219,9 acre tract of land approximately
one-half mile directly west of the town of Nucla (Figure 1).
The original permanent regulatory program permit application for the Nucla
Mine was submitted by Peabody on January 9, 1981. The Division proposed to
approve this application as detailed in the proposed decision and findings of
compliance document dated April 14, 1983, This decision to approve became
final and Permit C-81-008 was issued to Peabod.V on May 26, 1983 for a
five-year term.
The Nucla Mine temporarily ceased operations in 1983 following closure of the
Colorado-Ute Nucla Generating Station for reconstruction purposes. With the
reactivation of the Nucla Mine in 1986, Peabody extensively modified the
approved permit by the submittal of the ten-volume Permit Revision No. 1
application. Because of the extensive nature of this revision, the Division
issued new findings of compliance on April 2, 1987.
On August 21, 1987 the Division sent Peabody the required notice pertaining to
the expiration of Permit C-81-008 on May 26, 1988. Permit Renewal No. 1
application was received by the Division on November 27, 1988. Concerns were
addressed and two objection letters were received during the review process
and public comment period, The renewal was approved by the Division on
May 6, 1988.
Peabody submitted this application for Permit Revision Number 2 (pertaining to
the addition of the 219,9 acre Nucla East land tract to the Nucla permit area)
on April 29, 1988, The application was deemed complete on May 5, 1988,
Peabody began publishing public notice of the revision application in the San
Miguel Basin Forum on May 26, 1988.
During the public comment period, five objection letters were received, All
of these objection letters requested that a hearing be held in the town of
Nucla. The letters also had common concerns pertaining to dust control, and
vibration, noise, and damage to structures caused by blasting,
In accordance with Rule 2.07,3(6)(b) an informal conference was advertised on
August 11, 1988 and held by the Division in Nucla on August 31, 1988. Several
concerns were brrought up in the meeting; some within the ,iurisdiction of the
Colorado Surface Coal Mining Reclamation Act (the Act) and some not. Among
the concerns within the jurisdiction of the Act were blasting vibration and
noise limitation, end land use changes, reclamation scheduling, water rights,
and closure of the 5th Street Extension County Road. Among those concerns
which are outside the ,iurisdiction of the Act were payment of damages caused
by blasting, replacement by Peabody of the Nucla town sewage Mines, and road
safety concerns. These concerns are thus not addressed in this Findings
document
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