2011-10-17_REVISION - C1980007 (2)

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The Review Process Summary Permit C -80 -007 was issued on July 31, 1981 for an initial five -year term, and since then has been renewed for five additional five -year terms. Thirteen permit revisions have also been approved since 1981. The review process for past permit renewals and permit revisions is summarized in Appendix "B" at the end of this Findings document. MCC submitted a complete application for Permit Renewal RN -06 on January 20, 2011, more than 180 days before the July 31, 2011 permit expiration, thus securing their right of successive renewal under Rule 2.08.5. The Division found the application complete on January 21, 2011. The Division sent completeness notification letters to various agencies in accordance with 2.07.3(3)(b). The Division received a letter from the State Historic Preservation Officer dated February 15, 2011 which explains that a finding of no historic properties affected is appropriate for Permit Renewal RN -06 because no new surface disturbance is proposed. A copy of the letter was forwarded to MCC. The Division conducted a preliminary adequacy review of the RN -06 application and submitted 32 comments to the applicant in a letter dated March 18, 2011. Most of the comments related to updating information in the Applicant Violator System. All concerns noted in the March 18 letter were resolved by MCC's responses submitted by email on March 25, 2011. During the review of RN -06, the Division updated the reclamation cost estimate for the West Elk Mine. Description of the Environment Site Description and Land Use - Rule 2.04.3 The West Elk Mine is located approximately one mile east of the town of Somerset on Colorado State Highway No. 133. The western permit boundary extends to the outer slopes of Jumbo Mountain. Permit Revision 11 extended the eastern permit boundary into the Raven Gulch and Deep Creek watersheds. The northern extremity of the permit area lies just north of the North Fork of the Gunnison. Permit Revision 10 extended the southern boundary of the permit area south of Minnesota Reservoir into the drainage basins of Minnesota Creek, Dry Fork, Lick Creek, Poison Gulch, and Deep Creek. Permit Revision 12 extended the permit area to the southeast with the addition of the Dry Fork lease. The active Elk Creek Mine is located just northwest of the West Elk Mine facilities, north of the North Fork of the Gunnison River. The inactive Bear I, II, and III Mines are next to the West Elk Mine on the west. The inactive Oliver Mine is next to West Elk on the east. The West Elk Mine is on the western flank of the West Elk Mountains in the drainage basin of. the North Fork of the Gunnison River. The climate is semi -arid. Topography is characterized by steeply sloping mountains covered primarily with tall shrub vegetation, particularly Gambel's 5