2013-10-07_REVISION - C1981025 ‎(8)‎

• Permit No: C1981025
• IBM Index Class Name: Revision
• Doc Date: 10/7/2013
• Doc Name: Proposed Decision and Findings of Compliance
• From: DRMS
• To: Minrec Inc
• Type & Sequence: RN6
• Email Name: BFB
• Email Name: SB1
• Media Type: D
• Archive: No

regulation, or any provision of the Surface Mining Control and Reclamation Act or the
Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). A second AVS review
is required upon a proposed decision for this permit renewal. At this time, the AVS is not
available to perform the required review. The Division will propose its decision to
approve the renewal with Stipulation No. 10 that requires a second AVS review to be
performed when the system is back online.

8. MINREC, Inc. does not control and has not controlled mining operations with a
demonstrated pattern of willful violations of the Act of such nature, duration, and with
such resulting irreparable damage to the environment as to indicate an intent not to comply
with the provisions of the Act (2.07.6(2)(h)). A second AVS review is required upon a
proposed decision for this permit renewal. At this time, the AVS is not available to
perform the required review. The Division will propose its decision to approve the
renewal with Stipulation No. 10 that requires a second AVS review to be performed when
the system is back online.
9. The Division finds that surface coal mining and reclamation operations to be performed
under this permit will not be inconsistent with other such operations anticipated to be
performed in areas adjacent to the permit area (2.07.6(2)(i)).

10. The Division estimates the reclamation liability for mining operations in this permit term
to be $5,771.05. The Division currently holds a $10,000.00 performance bond for the
North Thompson Creek Mine.

11. The Division has made a negative determination for the presence of prime farmland within
the permit area. The decision was based on a letter from the USDA Soil Conservation
Service dated June 18, 1981, (permit page 3-137) stating that no prime farmland mapping
units are found within the permit area (2.07.6(2)(k)).

12. The Division has made a positive determination for the existence of alluvial valley floors
within the permit or adjacent area. This alluvial valley floor, known as the Roaring Fork
Valley, was affected by the loadout. The essential hydrologic functions of this alluvial
valley floor were restored by reclamation work [Rule 2.07.6(2)(k) and 2.06.8(3)(c)]. For
additional findings concerning this alluvial valley floor, please see Section B, VIII, below.

13. The Division hereby approves the post-mining land use of the operation. It was
determined that unimproved range and developed water resource meets the requirements
of Rule 4.16 for the permit area (2.07.6(2)(l)).

14. The Division finds the applicant in compliance with the specific approvals required under
Rule 4 (2.07.6(2)(m)).

15. The Division finds that the activities proposed by the applicant would not affect the
continued existence of endangered or threatened species or result in the destruction or
adverse modification of their critical habitats (2.07.6(2)(n)). There was no response to
coordination initiated with the U.S. Fish and Wildlife Service on this renewal of an
existing permit.

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