2003-03-18_REVISION - C1981008 - Laserfiche WebLink

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Proposed Decision The Colorado Division of Minerals and Geology proposes to approve this application for permit renewal RN-04. The application was submitted by Westem Fuels-Colorado LLC. for the mine. 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, Section 34-33-101 et seq., C.R.S., 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. Upon submittal of acceptable surety by the applicant, the permit will be issued. The permit application, all supporting documentation and any stipulations or conditions will become a binding part of the permit. All previous conditions and stipulations from other permitting actions have been complied with. Summary The Review Process Western Fuels-Colorado, a Limited Liability Company, purchased the Nucla and Nucla East Mines from Peabody Coal Company and renamed them the New Horizon Mine 1 and 2 respectively. The transfer of ownership and succession of operator was completed on May 15, 1992. The mine is located in Montrose County, and with the exception of a 98.6 acre plat of land known as the "Rice Tract" located in the old Mine 1 area, this permit renewal is for Mine 2. The original permit for C-81-008 was submitted by Peabody on January 9, 1981 and was approved by the Division on April 14, 1983. The permit was subsequently renewed for an additional 5 yeaz term by the Division in May of 1988. On Apri129, 1988, Peabody submitted a Permit Revision to add an additiona1220 acres to the permit (formerly Nucla East, now New Horizon Mine 2). This revision was approved on February 28, 1989. On Apri126, 1993, the Division approved the second additional five-yeaz renewal for Western Fuels-Colorado with a stipulation that a permit revision be submitted to sepazate the permit application into two sepazate documents since the two mines were not contiguous. The stipulation was satisfied with the submission of PR-03 and the permit was approved on June 1, 1994. On April 22, 1996, the Division received an application for a permit revision, PR-04, to add an additional 100.7 acres to the New Horizon Mine 2 azea.. Numerous issues were resolved on September 24, 1996, and the revision was approved and became final on December 9, 1996. On September 26, 1997, the Division received an application to renew a valid existing permit to conduct coal mining in Colorado. All issues addressed in the adequacy reviews were resolved and the permit renewal became final on April 26, 1998. 3