2010-01-07_REVISION - C1983058 - Laserfiche WebLink

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Notice of Proposed Decision The Colorado Division of Reclamation, Mining and Safety has issued a proposed decision to approve Bond Release Application No. 2 (SL-2) for the Twin Pines No. 2, Permit No. C-1983-058. The Twin Pines No. 2 Mine is a permit revocation/bond-revoked site. The permit area under consideration for termination of jurisdiction and final liability release is 1.20 acres of which 13.2 acres was disturbed and subsequently reclaimed. This termination of jurisdiction process was initiated by the Division following completion of the required minimum ten-year liability period for reclamation and revegetation of the disturbed area including two years of vegetation sampling at the site. Two separate reclaimed areas are included in this TOJ process. The portal area site and coal sales yard are both located about two miles southwest of the town of Rockvale in Fremont County. The portal area is located in the SE1/4 NW1/4 of Section 2, T20S R70W of the Sixth Principal Meridian. The coal sales yard is located in the SW1/4 NW1/4 of Section 1, T20S R70W of the Sixth Principle Meridian. A total of 13.2 acres were disturbed at the Twin Pines No. 2 Mine within a permit area of 120 acres. At the portal area, 7.6 were disturbed and reclaimed and 5.6 acres at the coal sales yard were disturbed and reclaimed. This TOJ written finding is for all 13.2 reclaimed acres within the 120 acre permit area and also includes any land areas overlying the underground workings of the Twin Pines No. 2 Mine. The Twin Pines No. 2 Mine was permitted and owned by Twin Pines Investment, LP (TPI). The operation mined private coal on privately-owned surface. The permit was issued effective January 24, 1984 and a bond was submitted in the form of a certificate of deposit in the amount of $54,130.00. The mine ceased operations in July 1993 due to the loss of a coal contract and on August 20, 1993, TPI notified the Division that the mine was officially closed and reclamation operations would begin. Reclamation activities included sealing the portals, removing all surface facilities, backfilling and grading, redistributing topsoil, and reseeding of the disturbed areas. On April 9, 1996, the Division issued two Notices of Violation (NOV) to TPI and on April 16, 1996, the Division issued a Cessation Order for failure to abate the previously issued NOV's. On April 16, 1996, the Division issued an Order to Show Cause Why Permit Should Not Be Revoked. On April 29, 1996, TPI requested a review of the Show Cause Order in front of the Mined Land Reclamation Board. On May 29, 1996, the Board held a formal public hearing and subsequently ordered that the permit be revoked and that the reclamation bond, in the amount of $22,660.00, be forfeited to the Division to complete remaining reclamation at the site. Periodic Division field inspection has identified no significant on-the-ground issues and final inspection indicated the site is in excellent condition. The post-mining land use of rangeland has been achieved, with a self-sustaining mix of grasses and forbs well established as demonstrated by results of two years of vegetation sampling. Actual use of the reclaimed area for cattle grazing has been demonstrated and observed during the later years of the revegetation period. The site presents no hazards to public health and safety. Copies of the proposed decision are available for review at the Colorado Division of Reclamation, Mining and Safety office, 1313 Sherman Street, Room 215, Denver, Colorado 80203, and at the office of the Fremont County Clerk and Recorder. Any person who has an interest which is or may be adversely affected may request an adjudicatory hearing regarding this proposed decision. Requests for a hearing must be made in writing within. thirty (30) days of the first publication of this notice, and shall state with reasonable specificity the reasons for the request and objections to the proposed decision.