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July 26, 1993. Responses were in the form of a technical revision. Details <br />of these responses can be found within the Technical Revision No. 17 files <br />located at the Division offices or the SMC offices. <br />This document contains the "Proposed Decision to Approve the Permit <br />Application," a description of the environment affected by the mining <br />operation and the reclamation plan, and the Division's written findings of <br />compliance as required by the Colorado Surface Coal Mining Reclamation Act. <br />Detailed information concerning the review process is on file at the Division <br />offices; legal requirements can be found in the Act and Regulations of the <br />Colorado Mined Land Reclamation Board for Coal Mining. All rules referenced <br />in this document are contained within the Regulations. Detailed information <br />about the proposed mining and reclamation operation can be found in the permit <br />application on file (File No. C-81-022) in the public record maintained by the <br />Division, located in Room 215, Centennial Building, 1313 Sherman Street, <br />Denver, Colorado 80203, telephone (303) 866-3567. Copies of the application <br />are also available for inspection at the Delta County Clerk and Recorder's <br />Office in Delta, Colorado. <br />Right of Successive Renewal <br />C.R.S. 34-33-109(7) and Regulation 2.08,5 allow an operator to permit any <br />lands outside the five-year mine plan area with the right of successive <br />renewal. Somerset Mining Company has exercised this right. The permit area <br />for the Somerset Mine that was included in the application contains coal <br />reserves projected to last to the year 2013. The Division originally granted <br />SMC conditional approval to mine all of these lands. However, the permit term <br />will be divided into five-year increments. At the end of each permit term, <br />SMC need only apply for a permit renewal (along with responding adequately to <br />any applicable stipulations or conditions). In determining whether to approve <br />or deny a renewal, the burden shall be on the opponent of the renewal. <br />Description of the Environment <br />The present Somerset Mine consists of 61 acres of surface disturbed land and <br />3,424 acres of land which has been or will be undermined and may potentially <br />be affected by mining in the North Fork of the Gunnison River (North Fork) <br />drainage basin. (See Map E8-3306, Sheets 1 and 2 for the location of the <br />Somerset Mine. See Maps 5-006, 5-0076, and 5-007C for the location of the <br />Sanborn Creek Tract.) <br />The surface lands within the permit area include lands owned by Somerset <br />Mining Company and federally owned lands (USES and BLM). The coal reserve <br />owners include Somerset Mining Company, other private entities and federal <br />agencies. <br />Surface facilities are located in the Elk Creek, Bear Creek, Hubbard Creek and <br />Sanborn Creek drainages on the north side of the North Fork (Figure 1). <br />Mining areas include workings under the Hubbard, Elk, Bear Creek and Coal <br />Gulch drainages. Proposed workings of the Sanborn Creek East Tract will <br />undermine A, B, C and Hoopla Gulches, Sardine Canyon, Hawk's Nest Creek and an <br />unnamed tributary of Thompson Creek. Hubbard Creek is a perennial tributary <br />of the North Fork and provides both domestic and agricultural supplies of <br />water. Bear Creek, Elk Creek and Sanborn Creek are intermittent streams. <br />-5- <br />