PERMFILE108040 - Laserfiche WebLink

Home Browse Search

-3- • February 5, 1981 Colowyo submitted to the MLRD its application for a Permit to Conduct Coal Mining in Colorado under the recently promulgated Colorado Regulations. May 26, 1981 Colowyo submitted to the Division a request for a Technical Revision to the Permit for a modification to the Streeter Fill to allow for spoil disposal onto adjacent property. (Leander Fill) June 18, 1981 The MLRD approved a Technical Revision to the Colowyo Permit involving additional spoil disposal outside of the pit back- fill operations (Leander Fill). July 30, 1982 Letter from Colowyo to OSM. Nearly three years after the ini- tial filing with OSM of an application for designation of the Streeter Fill as an Experimental Practice, OSM had not acted. As a result, the Colorado Mined Land Reclamation Board could not issue a mining permit to Colowyo under the permanent pro- gram until OSM had acted on the Experimental Practice applica- tion. The purpose of the July 30, 1982 letter from Colowyo to OSM was as follows: 1) to provide OSM with an affidavit from John Ward stating that a discussion had taken place between John • Ward and the Regional Director of OSM concerning the possibi- lity of designating the Streeter Fill as an Experimental Prac- tice prior to the implementation date of the SMCRA Interim Regulations. John was informed at that time that there was no mechanism under the Interim Program to allow an application for Experimental Practice. It was John's impression that no enforcement actions would be taken because Colowyo had met in good faith regarding this issue and OSM felt that the fill could be permitted as an Experimental Practice, either when the Colorado program was approved, or the Federal Lands Pro- gram implemented, and 2) to impress upon OSM the urgency for approval of the Experimental Practice in a timely manner in light of the upcoming August, 1982 meeting of the Colorado Mined Land Reclamation Board. All required engineering studies had been completed and demonstrated that the fill was stable and the letter emphasized that "OSM must now act on its appli- cation without further delay". August 26, 1982 Effective this date and signed by the Board chairman on Septem- ber 13, 1982 is the Mined Land Reclamation Board's approval of the Streeter Fill as an Experimental Practice with stipula- tions for monitoring of water levels within the fill, moni- toring of survey monuments on the face of the fill, and quar- terly certified inspections of the Streeter Fill. Of particu- lar note is the Board Decision quoted as follows: • "It was moved by the board that, contingent upon receipt by the Division of written approval of the Director of the United States Office of Surface Mining Reclamation and Enforcement,