GENERAL52234 - Laserfiche WebLink

Home Browse Search

-z- CWI's application for a permit revision included information from the adjacent existing Orchard Valley Permit Area C-038-83 (incorporated by reference) as well as the proposed Permit Revision Area. For this reason, the Division has reviewed both the approved existing permit C-038-83 application (henceforth referred to as "1983 application") and the proposed permit revision application for compliance with the Act and Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. This "Proposed Decision" and "Findings of Compliance" apply to both the existing Permit Area of Permit C-038-83 and the proposed Permit Area of the Permit Revision which will now be incorporated as one permit area under one permit. The proposed new permit area will include a total of approximately 8,047.9 acres. Of this, facilities areas account for 130.5 acres. The remaining acreage includes underground coal reserves and the adjacent affected area. The legal description of the proposed permit area can be found in the revised permit application in Volume lA. This "Findings of Compliance" document will supersede the findings proposed on April 20, 1983 for the existing Orchard Valley Permit No. C-038-83. This document also takes into consideration any stipulations imposed on Permit C-038-83 by reinforcing those stipulations that still apply. This document contains the "Proposed Decision to Approve the Permit Application"; a description of the environment affected by the mining operation and the operation and reclamation plan; and the Division's written findings of compliance 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 423, Centennial Building, 1313 Sherman Street, Denver, Colorado 80203, Telephone (303) 866-3567. Copies of the application are also available for inspection at the Delta County Clerk and Recorder Office in Delta, Colorado. Right of Successive Renewal C.R.S. 34-33-109(1) and Regulation 2.08.5 allows an operator to permit any lands outside the 5 year mine plan area with the right of successive permit renewal. Colorado Westmoreland 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 is granting CWI an approval to mine all of these lands (subject to the attached conditions). However, the permit term will be divided into 5 year increments. At the end of each permit term CWI 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.