1992-12-16_GENERAL DOCUMENTS - C1980007

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Proposed Decision The Colorado Division of Minerals and Geology proposes to approve with stipulations an application for a renewal of 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 stipulations and their status is included below. Details regarding stipulation resolution can be found in a memorandum to the file dated December 10, 1992 , and a March 5, 1990 memorandum to the file. Stipulation No. 1 NEITHER WEST ELK COAL COMPANY, NOR ANY SUCCEEDING OPERATOR OF THE WEST ELK PROJECT' S COAL LEASES AND RESERVES WILL BE PERMITTED TO MINE COAL WITHIN THE MINNESOTA CREEK BASIN, UNTIL DMG HAS RECEIVED A COPY OF AN ADJUDICATED PLAN OF AUGMENTATION. STATUS: Future Stipulation No. 2 THE APPLICANT SHALL CONTINUE TO SUBMIT TO THE DIVISION AN ANNUAL REPORT OF INFLOWS, DISCHARGES AND CONSUMPTION OF WATER WITHIN THE MINE. THIS REPORT IS TO INCLUDE A MINE WORKINGS MAP SHOWING THE LOCATION AND QUANTITY OF INFLOWS, A TABLE KEYED TO THE MINE MAP WHICH SHALL CONTAIN THE SOURCE (I .E. , FAULT, FRACTURES, ETC. ) , QUANTITY, DURATION, AND QUALITY (I . E. pH, ELECTRO-CONDUCTIVITY AND TEMPERATURE) OF ALL INFLOWS, A TABLE CONTAINING RECORDS OF WATER DISCHARGED FROM THE MINE, CONSUMED IN THE MINE, AND IMPORTED FOR USE WITHIN THE MINE, A MAP SHOWING CURRENT WATER USES, A DISCUSSION OF THE WATER BALANCE WITHIN THE MINE, AND FINALLY A PROJECTION OF HYDROLOGIC IMPACTS OF MINING IN THE UPCOMING YEAR. THIS SHALL BE SUBMITTED NO LATER THAN APRIL 30 OF EACH YEAR, TO BE INCLUDED WITH THE AHR. STATUS: Active 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 -3-