Laserfiche WebLink
Agreement executed August 7, 2009 between Garvey c& Co and the applicant (2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that Western Fuels -Colorado, <br />LLC does not own or control any operations which are currently in violation of any law, <br />rule, or regulation of the United States, or any State law, rule, or regulation, or any provision <br />of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act (2.07.6(2)(g)(i)). <br />8. Western Fuels -Colorado, 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 revision (PR -1) will not be inconsistent with other such operations <br />anticipated to be performed in areas adjacent to the permit area (2.07.6(2)(1)). <br />10. The Division estimates the reclamation liability for mining operations in this permit term to <br />be $5,304,168.17. The Division currently holds a $5,500,000.00 performance bond for the <br />New Horizon North Mine. The performance bond currently exceeds the reclamation <br />liability and therefore no additional surety is required for this permit revision. <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the New Horizon North permit area (Section 2.04.12). The decision was based on a letter <br />from the Natural Resource Conservation Service (NRCS) dated May 8, 2009 (Appendix <br />2.04.12-1) stating that no prime farmland mapping units are found within the permit area <br />(2.07.6(2)(k)). Seven different soil mapping units are mapped within the permit area. One <br />of these seven units, 71, Nyswonger silty clay loam, 1 to 4 percent slopes, is designated as <br />"prime farmland if irrigated." There is no historical evidence showing that this soil reap <br />unit within the permit boundary has ever been irrigated (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley floors <br />(AVF) within the permit area based on the rules set forth in Rule 2.06.8(3)(c) and <br />(2.07.6(2)(k). This determination is based on information provided by the applicant which <br />demonstrates that there are no alluvial valley floors within the immediate vicinity of the <br />existing New Horizon Mine (C-1981-008), which includes the NHN Mine area, and that the <br />closest alluvial valley floors to the area are found approximately three and one half miles to <br />the west in the floodplain of the San Miguel River. Given the distance involved between <br />the probable occurrence of known alluvial valley floors and the New Horizon North Mine <br />area, the Division confirms the negative presence of alluvial valley floors in the mine area. <br />The results of the AVF investigation are in Section 2.06.8 of the permit document. <br />13. The Division hereby approves changes to the post -mining land use of the operation proposed <br />12 <br />