2008-03-21_PERMIT FILE - C1980007A (49)

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West Elk Mhie type mines. Because the Bear, Coal Company began mining the C Seam 45 years before MCC obtained its leases, it was allowed to mine the C Seam under an assignment of operating rights from MCC. However, the Bear Coal Company's operations were limited by provisions to not preclude subsequent recovery of the multiple seams above the current workings. The Bear Coal Company operated the Bear No. 3 Mine. This mine was opened in 1982 next to West Elk Mine and closed in ';:1996. The Bear No. 3 surface facilities were located on property owned by MCC and leased to Bear Coal Company. The Bear No. 3 Mine inined in the B Seam underlying the C Seam works mentioned above. This coal is partly within leases assigned to the Bear Coal Company by MCC. The Bear No. 3 Mine has been closed, the mine openings sealed, and associated surface facilities and disturbance removed and reclaimed. Oxbow Mining Company, LLC completed mining of the Sanborn Creek Mine and currently operates the adjacent Elk Creek Mine. The Sanborn Creek Mine portals are east of the former Somerset Mine's surface facilities and the Elk Creek portals are located north of the surface facilities. Local Land Use Classification Gunnison County Regulation of land uses and development in unincorporated Gunnison County is administered by the Gunnison County Board of County Commissioners through the Planning Commission and its staff. Gunnison County is a non-zoned county with respect to land uses. In Gunnison County agriculture and rural residential (one residential unit per 35 acres) are designated as "use-by- right". Any other land use must be approved through a land use change contained in a specific land use resolution approved by the Gunnison County Planning Commission and Board of County Commissioners. Impacts, compatibility, and compliance with land use policies are evaluated on an individual basis for each land use change requested by a property owner (Schmalz, 1995; Williams, 1994). Currently, MCC has an approved land use change within Land Use Resolution No. 38, Series 1981 (and subsequent amendments) approved by the Gunnison County Board of County Conunissioners. The land use change allows for the development and operation of West Elk Mine. 1n order to address normal mine surface disturbance and development activities while minimizing county reviews and approvals that may duplicate the C'DRMS permitting process, Gunnison County and local coal operators have reached agreement on limited exemptions from the County planning process. For existing coal operations within an area designated as the North ]Fork Valley Energy Resources Special Area, County planning review and approvals are minimal for surface disturbance and development activities associated with the existing mines. Land Uses Within and Adjacent to West Elk Mine Map 67 depicts the land uses within and adjacent to the West Elk Mine permit area. Land uses identified on Map 67 use the categories established in Rule 1.04 and may not exactly correspond to 2.04-5 Revised June 2005 PRIO; Rev. March 2006; Rev. April 2006 PRIO, Sep. 2007 PR12