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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 <br /> operations at 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 <br /> review comments from the Division of Water Resources were received on <br /> March 26, 1980, and comments from the Division of Wildlife were received on <br /> April 22, 1980. During the latter part of June, the Division received OSM' s <br /> Apparent Completeness Review of the application, which was subsequently <br /> incorporated into the July MLRD Preliminary Adequacy Review Letter and then <br /> forwarded to the company. On January 13, 1981 , a meeting was held between OSM <br /> and MLRD to assess the adequacy of MCC' s responses, and it was at this point <br /> in time that the responses were found to be substantially inadequate in a <br /> variety of aspects . This resulted in a decision to prepare a second, joint <br /> adequacy letter which was sent to the company on February 6, 1981 . <br /> On January 30, 1981 the Division received additional comments from the <br /> Division of Water Resources which outlined the deficiencies in the application <br /> with regard to water rights and, in particular, with the deficiencies of the <br /> proposed Minnesota Creek Basin Augmentation Plan. Additional comments on <br /> water rights issues were submitted in February and March in the form of <br /> objection letters from several concerned citizens . These letters also <br /> discussed problems relating to alluvial valley floors, protection for <br /> perennial streams , the potential for landslides to be triggered by subsidence, <br /> cumulative hydrologic impacts, the adequacy of MCC' s subsidence monitoring and <br /> subsidence control plans, and a number of procedural issues. These objections <br /> resulted in several requests for a mine site visit and informal conference, <br /> 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 <br /> and published its proposed decision on June 22, 1981 . The Division' s decision <br /> was to approve the West Elk permit application with several stipulations . <br /> The five-year permit was issued on July 31 , 1981 , pursuant to the Colorado <br /> Surface Coal Mining Reclamation Act, CRS 34-33-101 et seq. Construction of <br /> the West Elk Mine began in 1981 . The mine began producing coal from the F <br /> seam in January 1982. The expiration of this permit was set at <br /> July 31 , 1986. On January 17, 1986, a complete renewal application was <br /> received. This application was subsequently reviewed and the Division issued <br /> a proposed decision to approve the renewal application with stipulations . <br /> Following the public comment period, the permit was renewed on May 19, 1987 . <br /> The permit was to expire on August 1 , 1991 . The Division received MCC' s <br /> complete renewal application on January 30, 1991 thereby serving the <br /> operator' s right to successive renewal puruuant to 2.08.5(3))f) . <br /> Operations at the WEM have been conducted under several different names in the <br /> past. Before 1991 , the WEM itself was known as the Mt. Gunnison No. 1 Mine. <br /> Since the mine opened, operations were conducted under the following names : <br /> Anaconda Minerals Company, ARCO Coal Company (a Division of Atlantic Richfield <br /> Company) , and West Elk Coal Company, Inc. The most recent name change from <br /> -14- <br />