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2008-07-15_REVISION - C1980007 (4)
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2008-07-15_REVISION - C1980007 (4)
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Last modified
8/24/2016 3:34:42 PM
Creation date
7/17/2008 9:36:12 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1980007
IBM Index Class Name
REVISION
Doc Date
7/15/2008
Doc Name
Findings of Fact, Conclusion of Law and Board Order
From
DRMS
Type & Sequence
TR111
Email Name
DIH
Media Type
D
Archive
No
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Rules. If a revision does not propose a significant alteration of the terms or requirements of a <br />permit, which could include significant changes to a permittee's approved reclamation plan, <br />the revision would not meet the definition of a permit revision. In this case, the Division <br />determined that the revisions proposed in Technical Revision TR-111 proposed no actual <br />surface disturbance and proposed no increase in reclamation liability (as documented in the <br />Division's Proposed Decision form of June 9, 2008); therefore, the Division determined the <br />revisions submitted in TR-111 were not significant to MCC's approved reclamation plan, <br />and as such did not fit the definition of a permit revision. <br />CONCLUSIONS OF LAW <br />10. The Board has jurisdiction over the request for a hearing pursuant to §§34-33- <br />104, 34-33-105 and 34-33-116(5), C.R.S. of the Colorado Surface Coal Mining Reclamation <br />Act, Section 34-33-101, et seq., C.R.S. (2007) (the "Act") and Board Rule 2.08.4(6)(b)(III). <br />11. As to the Objectors' request for the Division to require capture or flaring of <br />methane, the Act states that an applicant must set forth the steps the applicant will take "to <br />comply with applicable air and water quality laws and regulations and any applicable health <br />and safety standards as administered by applicable state and federal agencies." Section 34- <br />33-111(1)(i), C.R.S. Board Rule 4.17 requires "[e]ach person who conducts surface coal <br />mining and reclamation operations shall stabilize and protect all surface areas, including <br />spoil piles, to effectively control erosion and attendant air pollution and shall conduct such <br />operations in such a manner so as to comply with all applicable State and Federal air quality <br />statutes and regulations." The Board determines the Board and the Division do not have <br />authority to regulate the emission of methane gas. <br />12. Section 34-33-116, C.R.S., outlines the requirements for submitting a technical <br />revision to an existing coal permit. <br />13. Board Rule 1.04(136) defines a "technical revision" as: <br />[a] minor change, including incidental permit boundary revisions, <br />to the terms or requirements of a permit issued under these Rules, <br />which change shall not cause a significant alteration in the <br />operator's reclamation plan. The term includes, but is not limited <br />to, increases in coal production, reduction or termination of <br />approved environmental monitoring programs, or design changes <br />for regulated structures or facilities. <br />14. Board Rule 1.04(90) defines a "permit revision" as: <br />[a] significant alteration of the terms or requirements of a permit <br />issued under the Rules and the Act, including, but not limited to, <br />significant changes in the reclamation plan, and other actions <br />which the Board may be regulation prescribe. "Permit revision" <br />does not include a technical revision as defined in 1.04(136). <br />Mountain Coal Company, LLC <br />C-1980-007
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