1993-11-15_PERMIT FILE - C1981017

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Section 522(a)(3) of SMCRA states that "* * * a surface area may be designated unsuitable for certain types of surface coal mining operations if such operations will: (A) be incompatible with existing State or local land use plans or programs; or (B) affect fragile or historic lands in which such operations could result in significant damage to important historic, cultural, scientific, and esthetic values and natural systems; or (C) affect renewable resource lands in which such operations could result in a substantial loss or reduction of long -range productivity of water supply or of food or fiber products, and such lands to include aquifers and aquifer recharge areas; or (D) affect natural hazard lands in which such operations could substantially endanger life and property, such lands to include areas subject to frequent flooding and areas of unstable geology." OSMRE reviewed the permit application package and reviewed and concurs with Colorado MLRD's findings and supporting documentation and supplemental report. As a result of this review, OSMRE has made the following determinations: Land use The premining land uses of the permit and adjacent areas were wildlife habitat, rangeland, and recreation. The wildlife population of Coal Basin is diverse. Use of the area by wildlife has continued in conjunction with the mining operation, although some disturbance to species particularly sensitive to human activity may have occurred. Use is largely confined to the summer months due to the heavy snows and prolonged winter season which characterize the Coal Basin area. The postmining land uses proposed by the applicant for this permit term are rangeland, fish and wildlife habitat, and recreation. A large amount of the area disturbed by mining operations is planned to be retained as part of an alternate postmining land use to be considered for approval near the end of the 40 -year mining program. The applicant proposes to use a portion of the disturbed area to facilitate construction of a ski area. The majority of the area needed for the ski area is presently undisturbed by the mining operations. This postmine land use is an alternative proposed by the applicant and has not been approved by the regulatory authority and /or the surface managing agency. More information on the ski area can be found in chapter 7 of the applicant's mining and reclamation Plan. -4-