Public Notice Of Proposed Decision
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
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.
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 www.utahlegals.com