2009-06-22_GENERAL DOCUMENTS - C1981033 ‎(2)‎

• Permit No: C1981033
• IBM Index Class Name: General Documents
• Doc Date: 6/22/2009
• Doc Name: Proposed Decision & Findings of Compliance for RN5
• Permit Index Doc Type: Findings
• Email Name: JJD
• Media Type: D
• Archive: No

Findings of the Colorado Division of Reclamation, Mining and Safety
For the
Bear No. 3 Mine
Exvlanation of Findings
Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board for Coal
Mining, and the approved State program, the Division of Reclamation, Mining and Safety (Division) or
the Board must make specific written findings prior to issuance of a permit, permit renewal or permit
revision. These findings are based on information made available to the Division that demonstrates that
the applicant will operate in compliance with the Colorado Surface Coal Mining Reclamation Act and the
Regulations promulgated pursuant to the Act.
The findings in the following sections required by Rule 2.07.6(2) are listed in accordance with that Rule.
The findings and specific approvals required pursuant to Rule 2.07.6(2)(m) are listed in accordance with
Rule 4 and are organized under subject or discipline subtitles.
This findings document is updated with the proposed decision to approve Permit Renewal No. 5 for
Permit No. C-81-033. This is the findings document for the Bear No. 3 Mine permit, which has a
five-year permit term. The following findings were reevaluated and updated to reflect changes proposed
by the Permit Renewal No. 5 application. All stipulations from the original permit, findings documents
and subsequent revisions have been resolved to the satisfaction of the Division and have been removed
from this document.
SECTION A
Findings Required by Rule 2.07.6(2)
The permit application is accurate and complete. All requirements of the Act and these rules have
been complied with (2.07.6(2)(a)).
2. Based on information contained in the permit application and other information available to the
Division, the Division finds that surface coal mining and reclamation can be feasibly accomplished
at the Bear No. 3 Mine (2.07.6(2)(b)).
The assessment of the probable cumulative impacts of all anticipated coal mining in the general area
on the hydrologic balance, as described in 2.05.6(3), has been made by the Division. This
assessment, entitled "Cumulative Hydrologic Impacts of Mining to the North Fork of the Gunnison
River," is available for inspection at the offices of the Division. The Division finds that the
operations proposed under the application have been designed to prevent damage to the hydrologic
balance outside the proposed permit area. Refer to Section B, III, K, for details (2.07.6(2)(c)).
4. The Division finds that the permit area is, subject to valid rights existing as of August 3, 1977, not
within:
a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(I));
b) An area under study for designation as unsuitable for surface coal mining operations
(2.07.6(2)(d)(ii));
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