Laserfiche WebLink
Surface Coal Mining Reclamation Act, the Division finds that Western Fuels-Colorado, a <br /> Limited Liability Company, does not own or control any operations which are currently in <br /> violation of any law, rule, or regulation of the United States,or any State law, rule, or regulation. <br /> or 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. The operator does not control and has not controlled mining operations with a demonstrated <br /> Pattern of willful violations of the Act of such nature, duration, and with such resulting <br /> irreparable damage to the environment as to indicate an intent not to comply with the provisions <br /> of the Act (2.07.6(2)(h)). <br /> 9. The Division finds that surface coal mining and reclamation operations to be performed under <br /> this permit will not be inconsistent with other such operations anticipated to be performed in <br /> areas adjacent to the permit area(2.07.6(2)(i)). <br /> 10. The Division has examined corporate sureties in the amount of$2,404,000.00. This bond has <br /> received approval. This bond amount reflects an increase of$952,159.00 for the anticipated <br /> changes in the "worst case" scenario.The above bond amount reflects the Division's projection <br /> of reclamation costs for worst case disturbance which will occur.during the proposed permit <br /> :q? _ <br /> term. <br /> It. The Division has made a negative determination for the presence of prime farmland within the <br /> permit area. The decision was based on extensive studies performed by Western Fuels- <br /> Colorado, the Division, and NRCS. A letter from NRCS demonstrated that prime farmland <br /> does not exist within the permit area(2.07.6(2)(k)). <br /> 12. The Division has made a negative determination for the existence of alluvial valley floors <br /> (AVFs) within the permit area. This determination is based on information provided by the <br /> applicant which demonstrates that the aeolian and sheetwash material along Tuttle and Calamity <br /> Draws does not meet the geomorphic criteria for AVFs. AVFs along the San Miguel are more <br /> than two-and-a-half miles away and will not be impacted by the New Horizon Mines. For <br /> additional specific findings concerning this alluvial valley floor, see Section B,X. (2.07.6(2)(k) <br /> and 2.06.8(3)(c)). <br /> 13. The Division hereby approves the post-mining land use of the operation. It was determined that <br /> irrigated pasture,irrigated hayland,dryland pasture, and wildlife habitat, meets the requirements <br /> of Rule 4.16 for the permit area(2.07.6(2)(1)). Approved post-mining land uses within the PR- <br /> 05 revision area are irrigated pasture, irrigated hayland, and irrigated pastureland. <br /> 14. Specific approvals have been granted or are proposed. These approvals are addressed in the <br /> following section, Section B (2.07.6(2)(m)). <br /> 15. Two federally listed endangered species were recorded in the original baseline survey, and as <br /> of this date, only the bald eagle is listed as a threatened species. An adult peregrine falcon was <br /> 17 <br />