Laserfiche WebLink
7. On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34 33 114(3) compliance review required by the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that New Elk Coal <br />Company, LLC does not own or control any operations that are currently in violation of <br />any law, rule, or regulation of the United States, or any State law, rule, or regulation, or <br />any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br />Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />8. New Elk Coal Company, LLC does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such nature, duration, and <br />with such resulting irreparable damage to the environment as to indicate an intent not to <br />comply with the provisions of the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area (2.07.6(2)(i)). <br />10. Reclamation costs were recalculated as part of the approval (August 2008) of SL -06, a <br />Phase III bond release for the majority of the disturbed area. The approved bond amount <br />to be held by the Division as a result of SL -06 was $72,099.00 and that bond amount is the <br />amount currently held as required by the Division. This bond amount is statutorily limited <br />by Rule 3.03.1(2) and far exceeds any amount of bond that might be required should <br />reclamation efforts at the NW -1 shaft fail. The Division holds a cash bond in the amount <br />of $72,099.00. <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the permit area. This determination is based on information provided by the applicant in <br />the form of a letter from the Soil Conservation Service, shown in Exhibit 15, which <br />demonstrates that no prime farmland mapping units are found within the permit area. <br />(2.07.6(2)(k))- <br />12. Based on information provided in the application the Division has determined that an <br />alluvial valley floor exists within the permit or adjacent area. The alluvial valley floor is <br />known as the Picketwire Valley AVF and is located along the Purgatoire River. Section <br />VIII of the original findings discusses the grandfathering of the surface facilities. Section <br />VIII of the 1988 findings document discusses the alluvial valley floor and potential <br />impacts caused by mining. (2.07.6(2)(k) and 2.06.8(3)(c)). <br />For additional specific findings concerning this alluvial valley floor, please see Section B, <br />XVII. <br />13. The Division hereby approves the post -mining land use of the operation. It was <br />determined that rangeland and pastureland meet the requirements of Rule 4.16 for the <br />permit area (2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in <br />11 <br />