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Summary <br /> The Review Process <br /> Mountain Coal Company (MCC), formerly the West Elk Coal Company, applied on <br /> November 6, 1979 for a permit to conduct underground mining and reclamation operations at <br /> the West Elk Mine, formerly the Mt. Gunnison No. 1 Mine. <br /> The application was determined to be complete on November 29, 1979. The first review <br /> comments from the Division of Water Resources were received on March 26, 1980, and <br /> comments from the Division of Wildlife were received on April 22, 1980. During the latter <br /> part of June, the Division received OSM's Apparent Completeness Review of the application, <br /> which was subsequently incorporated into the July MLRD Preliminary Adequacy Review <br /> Letter and then forwarded to the company. On January 13, 1981, a meeting was held <br /> between OSM and MLRD to assess the adequacy of MCC's responses, and it was at this <br /> point in time that the responses were found to be substantially inadequate in a variety of <br /> aspects. This resulted in a decision to prepare a second, joint adequacy letter which was sent <br /> to the company on February 6, 1981. <br /> On January 30, 1981 the Division received additional comments from the Division of Water <br /> Resources which outlined the deficiencies in the application with regard to water rights and, <br /> in particular, with the deficiencies of the proposed Minnesota Creek Basin Augmentation <br /> Plan. Additional comments on water rights issues were submitted in February and March in <br /> the form of objection letters from several concerned citizens. These letters also discussed <br /> problems relating to alluvial valley floors, protection for perennial streams, the potential for <br /> landslides to be triggered by subsidence, cumulative hydrologic impacts, the adequacy of <br /> MCC's subsidence monitoring and subsidence control plans, and a number of procedural <br /> issues. These objections resulted in several requests for a mine site visit and informal <br /> conference, which were held on April 30, 1981 and May 12, 1981, respectively. The <br /> Division began preparation of its written findings soon after the conference and published its <br /> proposed decision on June 22, 1981. The Division's decision was to approve the West Elk <br /> permit application with several stipulations. <br /> The five-year permit was issued on July 31, 1981, pursuant to the Colorado Surface Coal <br /> Mining Reclamation Act, CRS 34-33-101 et seq. Construction of the West Elk Mine began <br /> in 1981. The mine began producing coal from the F Seam in January 1982. The expiration <br /> of this permit was set at July 31, 1986. On January 17, 1986, a complete renewal <br /> application was received. This application was subsequently reviewed and the Division <br /> issued a proposed decision to approve the renewal application with stipulations. Following <br /> the public comment period, the permit was renewed on May 19, 1987. The permit was to <br /> expire on August 1, 1991. The Division received MCC's complete renewal application on <br /> January 30, 1991 thereby ensuring the operator's right to successive renewal pursuant to <br /> 2.08.5(3))f). The Division issued a proposed decision to approve the renewal application <br /> with stipulations, and following the public comment period, the permit was renewed on <br /> January 29, 1993, and will expire on August 1, 1996. <br /> The Division received an application for a permit revision (Jumbo Mountain; Permit <br /> Revision No. 5) on February 4, 1994, which was subsequently deemed complete on <br /> February 14, 1994. The Division issued the first preliminary adequacy review letter on <br /> 4 <br />