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GENERAL52360
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Last modified
8/24/2016 8:38:16 PM
Creation date
11/23/2007 7:40:58 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981008
IBM Index Class Name
General Documents
Doc Date
5/6/1996
Doc Name
PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR SL4
From
Phase I
Permit Index Doc Type
Findings
Media Type
D
Archive
No
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<br /> <br />I. PROCSDIIREB AND BiJ3~IISARY OF TH8 REVIEW PROCE88 <br />Western Fuels-Colorado applied for Partial bond release under the <br />Colorado Surface Coal Mining Reclamation Act following reclamation <br />of the New Horizon Mine. The mine is located in portions of: <br />Section 25, T47N,R16W, and Section 6, T46N, R15W, NMPM, in Montrose <br />County. <br />In April, 1989, Peabody Coal Company, owners of the mine at that <br />time, applied for and received a Release of Liability on 42.2 acres <br />which had a land use change to industrial use (County Landfill). <br />In January, 1994, Western Fuels-Colorado had a similar release of <br />liability on 14.2 acres, County Landfill, in 1994. Additionally, <br />Western Fuels- Colorado applied for and received a Phase 1 bond <br />release on 215.5 acres at the New Horizon Mine 1 in December,1994. <br />An application for Phase 1 bond release was received by the <br />Division on September 6, 1995. The application was deemed complete <br />on February 9, 1996, after the Division received proof of <br />publication of the applicant's public notice and all appropriate <br />maps. Western Fuels-Colorado published notice of the bond release <br />application in The San Miguel Basin Forum once weekly for four <br />consecutive weeks, beginning September 12, 1995 Western Fuels- <br />Colorado also notified land owners within and adjacent to the mine <br />permit area, and other interested parties of the application for <br />bond release, as required by Rule 3.03.2(1). <br />No comments, written objections, or requests for an informal <br />conference regarding the bond release application were received by <br />the Division. <br />The Division scheduled and conducted a bond release inspection on <br />April 23, 1996. The site inspection was conducted in accordance <br />with Rule 3.03.2(2). Due to weather conditions, the bond release <br />inspection was delayed beyond the normal 30 day time frame. <br />Present for the inspection were: Ross Gubka and Todd LeFerve,WFC; <br />Harry Ranney, DMG; and Mel Staats, land owner. No other land <br />owners were present although they were notified previously of the <br />inspection. <br />II. CRITERIA AND SCHEDIILS FOR BOND RELEASE <br />Rule 3.03.1(2)(a) states, "Up to sixty percent of the applicable <br />bond amount shall be released when the permittee successfully <br />completes backfilling, regrading, and drainage control in <br />accordance with the approved reclamation plan." With regard to <br />Phase I bond release, the approved reclamation plan for the New <br />Horizon Mine for mining and backfilling operations to be performed <br />
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