2007-12-17_GENERAL DOCUMENTS - C1981020

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Proposed Decision The Colorado Division of Reclamation, Mining and Safety proposes to approve with conditions a permit renewal application for a valid existing permit to conduct surface coal mining and reclamation operations at the Munger Canyon Mine. The Permit Renewal No. 5 (RN-05) application was submitted by CAM Mining LLC (CAM). 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. The permit application, all supporting documentation and any stipulations or conditions will become a binding part of the permit. Two stipulations (Stipulation No. 12 and Stipulation No. 32) are retained from previous permitting actions, and are attached to this proposed decision. Stipulation No. 32 was attached to the previous renewal permit, but was amended during the permit term by Technical Revision No. 22 (TR-22). The form of the stipulation as amended by TR-22 is listed in this findings document, and will be attached to the RN-05 renewal permit. One new stipulation, Stipulation No. 34 is also attached to this proposed decision. Stipulation No. 34 requires an increase in the amount of the reclamation surety bond, which will need to be submitted to and accepted by the Division prior to issuance of the RN-05 renewal permit. The three stipulations attached to this proposed decision are set forth below. Stipulation No. 33 was attached to the permit during the RN-04 permit term by Minor Revision No. 25 (MR-25). The stipulation required submittal of an "incidental permit boundary revision" technical revision application, to incorporate a segment of a light use road constructed to access an emergency drill pad location in the McClane Canyon Mine permit area. The stipulation was satisfied by submittal of Technical Revision No. 20 (TR-20), approved June 8, 2006, and is not attached to the RN-05 proposed decision. Stipulation No. 12 THE PERMITTEE SHALL MAINTAIN RAPTOR BUFFER ZONES ESTABLISHED FOR THE MUNGER CANYON MINE BY THE U.S.F.W.S FOLLOWING COMPLETION OF THE INITIAL RAPTOR SURVEY CONDUCTED IN JULY 1983. NO SURFACE DISTURBANCES SHALL OCCUR WITHIN ESTABLISHED BUFFER ZONES EXCEPT AS SPECIFICALLY AUTHORIZED BY CMLRD IN CONSULTATION WITH THE U.S.F.W.S. AND C.D.O.W. Stipulation No. 32 PRIOR TO SUBMITTAL OF PHASE I BOND RELEASE APPLICATION FOR THE LOWER ROAD TO BE RETAINED FOR THE POSTMINING LAND USE, THE OPERATOR WILL SUBMIT A WRITTEN REQUEST FROM THE SURFACE OWNER FOR RETENTION OF THE PRIVATELY OWNED SEGMENT OF HAUL ROAD (BETWEEN THE BLM BOUNDARY AND