1997-05-05_GENERAL DOCUMENTS - C1980007

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Introduction This document is the decision package prepared by the Colorado Division of Minerals and Geology (Division) for the West Elk Mine Permit Revision No. 7. This document includes: 1) the proposed decision to approve with stipulations the permit revision application; 2) a summary which includes a history of the review of the permit application, a description of the environment affected by the operation and a description of the mining and reclamation plan; and 3) the written findings of compliance the Division has made as required by the Colorado Surface Coal Mining Reclamation Act. Detailed information concerning the findings of compliance can be found in the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining. The Division received an application for a permit revision to construct new mine ventilation and access facilities, a new electrical substation, associated roads, power lines and support facilities within Sylvester Gulch. This is referred to as the Sylvester Gulch Facilities Area. These new facilities will provide the increased power, access, and ventilation requirements necessary to sustain underground mining operations at the West Elk Mine. The application was submitted by Mountain Coal Company (MCC), and the mine will be operated by Mountain Coal Company. The mine encompasses approximately 7,840 acres and is located on federal and private lands within Gunnison and Delta Counties, Colorado. The legal description of the lands included within the permit area include all or portions of: Sections 9, 10, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 34, 35, and 36, Township 13 South, Range 90 West of the 6th P.M., and Sections 23, 24, 25 and 26, Township 13 South, Range 91 West of the 6th P.M. The location of the above lands can be found on the USGS 7.5 minute Quadrangle maps of Bowie and Somerset. A map showing the general location of the West Elk Mine is presented in Figure 1 of this document. Proposed Decision The Colorado Division of Minerals and Geology proposes to approve with stipulations an application for a permit revision (Permit Revision No. 7) to a valid existing permit. This decision is based on a finding that the operations will comply with all requirements of the Colorado State Program as found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and the Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) days of the first publication of the issuance of this proposed decision, then this decision becomes final. Upon submittal of acceptable surety by the applicant, the permit will be issued. The permit application, all supporting documentation and any stipulations or conditions will become a binding part of the permit. A current list of outstanding stipulations is included below. Stipulation No. 3 THE OPERATOR SHALL, UPON CLOSURE, INSTALL WATER-TIGHT SEALS WITHIN THE MINE TO PREVENT GRAVITY DISCHARGE. THIS REQUIREMENT MAY BE WAIVED UPON THE DIVISION'S APPROVAL OF A PLAN SUBMITTED BY THE OPERATOR. THIS PLAN SHALL INCLUDE A DEMONSTRATION THAT THE WATER QUALITY OF THE DISCHARGE 1