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Front Page » March 23, 2010 » Legal Notices » Public Notice Of Proposed Decision
Published 2,531 days ago

Public Notice Of Proposed Decision

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The Utah State Office of the Bureau of Land Management (BLM) has
received an application from C. W. Mining Company,  c/o Kenneth
Rushton, Trustee, 99 West Main Street, Lehi, Utah 84043, for a
modification to the pending Bear Canyon Logical Mining Unit (LMU) in
accordance with 43 CFR 3487.   The approval of this application with
the modifications is proposed to be effective May 1, 1990.  Any entity
having a direct interest which is or may be adversely affected by
approval of the proposed LMU has 30 days from the first date of
publication of this notice to  make a written request for a public
hearing to the authorized officer;  Bureau of Land Management, Utah
State Office, Attention Chief Branch of Minerals, P.O. Box 45155, Salt
Lake City, Utah 84145.  

Following is the decision that is proposed:

Logical Mining Unit Approved

	The Bear Canyon Logical Mining Unit (LMU) application UTU-73342 dated
April 20, 1990 along with modification 1 dated August 27, 1997,
Modification 2 dated September 15, 1999 and Modification 3 dated April
27, 2001 as stated in the Bear Canyon Logical Mining Unit applications
is hereby approved effective May 1, 1990.  The BLM has determined that
it is in conformance with the approval criteria as per 43 CFR 3487. 
This determination is based upon the following:

		1.	The LMU recoverable reserves are capable of being 
			developed in an efficient, economical and orderly manner,
			as a unit, with due regard to the conservation of the 
			recoverable coal reserves and other resources.  Approval
			of the LMU will not affect the recovery, sequencing or
			development schedule of the contained Federal coal 
			reserves with respect to the approved Resource Recovery 
			and Protection Plan (R2P2).

		2.	All lands in the LMU are operated by and under the 
			effective control of C.W. Mining Company by agreement
			with COP Development (March 1, 1997 - February 28, 
			2022) and ANR (September 1, 1999 - 
			August 21, 2024) who are the Lessees.  This was 
			affirmed by court order dated February 10, 2010.

		3.	All lands within the LMU application will be developed 
			and operated as a single operation which will include
			multiple portals.   C.W. Mining Company will mine coal
			from the Bear Canyon LMU and ship coal to user 

		4. 	All lands within the proposed LMU are contiguous.  
			The BLM has conducted an in-depth review of the legal 
			land-descriptions for all lands contained in the Bear 
			Canyon Logical Mining Unit application (including 
			modifications) which show that there is at least one point 
			in common on all lands.

		5. 	Mining operations will achieve maximum economic 
			recovery (MER) of the Federal Coal reserves within the 
			LMU.  The amount of coal that can be obtained by 
			creation of the LMU is larger than if the LMU was not
			formed.  BLM has approved the life-of-mine R2P2 for the
			LMU and an MER determination was made.  This 
			approval is dated September 22, 2006.

		6.  	No Federal coal leases included in this LMU are included 
			in any other LMU.  There are no other active LMU's in 
			the area.

		7. 	The Original LMU application with modifications 1, 2 and 
			3 contain 14,101.80 acres and therefore does not 
			exceed the 25,000-acre limit.

		8.  	A portion of Federal Coal Lease USL-025431 was not 
			included into the Bear Canyon LMU because it is not 
			contiguous with the remainder of the federal coal leases
			or private lands contained in the LMU.  This portion of 
			this lease (approximately 60 acres) will be either 
			segregated into a new lease or the operator may apply to
			relinquish this portion of the lease.

	The Bear Canyon LMU contains 14,101.80 acres and is comprised of
Federal Coal leases UTSL-025431, UTSL-069985, UTU-020668, UTU-024316,
UTU-024318, UTU-38727, UTU-46484, UTU-51923, UTU-61048 and UTU-61049.

Selma Sierra
State Director
Published in the Emery County Progress March 23 and 30, 2010.

These legal notices, along with those from other fine Utah newspapers, can be viewed at

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