Laserfiche WebLink
GCC Energy, LLC <br />'OGCC Post Office Box 2827 <br />Durango, CO 81302 <br />Telephone: 970.385.4528 4424 County Road 120 <br />Energy "Safety as a Value" Facsimile: 970.385.4638 Hesperus, CO 81326 <br />of whether the mining was located within the areas identified as affected in the approved permit <br />document. <br />From a legal perspective, the above rule does not require a description or depiction of the orientation of <br />rooms and pillars; therefore the Rule has not been violated. <br />The Division has not provided any indication or evidence that such a change in location would in any way <br />change the previously described impacts to the surface of lands underlain by the workings. As conveyed <br />to Mr. Dan Hernandez in a meeting July 25, 2008, GCC contends that all mining (including the location <br />of the NOV) has been located and approved within both the permit area and the affected area depicted in <br />the permit document. GCC is also under the understanding that, by the Division approving the King Coal <br />Mine permit area, affected area, inventory of structures and renewable resource lands, assessment of the <br />worst possible consequences of subsidence, subsidence monitoring plan, and subsidence mitigation plan; <br />mining within the above areas is permitted without further specific approvals by the Division. <br />B. Rule 2.07.7(8) states, "The permittee shall comply with the terms and conditions of the permit, all <br />applicable performance standards of the Act, and the requirements of these Rules." <br />GCC contends that there was compliance with the terms and conditions of the permit, applicable <br />performance standards, and Rule requirements as discussed throughout this request. <br />5. The nature of the violation in the NOV states, "Failure to conduct surface coal mining and reclamation <br />operations as described in the approved application. Failure to have maps or plans in the approved <br />application that clearly and accurately show the land to be affected and the areal extent of the <br />underground workings". <br />GCC contends that the information in the approved permit document in Sections 2.03.8, where the <br />acreage of surface lands potentially affected is presented, Section 2.04.6, where the nature of the geology <br />above the coal seam and the potential for subsidence is discussed, Section 2.05.6 that contains the <br />inventory of structures and renewable resource lands within the affected area, a discussion of the worst <br />possible consequences of subsidence, the subsidence monitoring program, Section 2.05.3 where the mine <br />plan is presented, and Maps C-3 and C-15 that depict the permit area, the potential affected area and <br />subsidence monitoring. <br />Based on discussions with Division staff and managers, the central issue of the NOV is whether, by <br />mining in the area cited in the NOV, there is the potential for surface effects from subsidence that have <br />not been assessed by the Division. It is GCC's representation that, by designating the permit and affected <br />areas, as was done initially, by identifying all overlying structures and renewable resource lands within <br />the entire permit and affected area, by preparing a worst possible consequences of subsidence evaluation <br />for the entire permit and affected area, and developing a monitoring and mitigation plan that encompasses <br />all of the permit and affected area, the King Coal Mine has addressed the central issue. It has always been <br />GCC Energy, LLC Page 3 <br />Request for Public Hearing before the Mined Land Reclamation Board: <br />Notice of Violation CV-2008-002