2008-07-15_REVISION - C1980007 ‎(4)‎

• 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

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