2012-10-04_REVISION - C1981022 ‎(5)‎

• Permit No: C1981022
• IBM Index Class Name: Revision
• Doc Date: 10/4/2012
• Doc Name: Proposed Decision and Findings of Compliance
• From: DRMS
• To: Oxbow Mining, LLC
• Type & Sequence: PR7
• Email Name: BFB
• Email Name: SB1
• Media Type: D
• Archive: No

C- 1981 -022
PR -7 Findings
October 4, 2012
Findings of the
Colorado Division of Reclamation, Mining and Safety
for
Elk Creek and Sanborn Creek Mines
Explanation 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 or the Mined Land Reclamation 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 be able to 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 has been updated for this permit revision. The following findings have
been reevaluated and updated as necessary to reflect changes which will occur as a result of this
permit renewal.
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 Elk Creek and Sanborn Creek Mines (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 Impact Study; 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 (2.07.6(2)(c)).
4. The Division finds that the permit area is, subject to valid rights existing as of August 3,
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