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<br /> <br /> <br /> 17 <br /> <br />6. For this surface mining operation, private mineral estate has been severed from private <br />surface estate; therefore, the documentation specified by Rule 2.03.6(2) has been provided <br />in Appendix 2.03 .6-1(a) in the form of a Memorandum of Surface Lease and Purchase <br />Agreement executed August 7, 2009 between Garvey & Co and the applicant (2.07.6(2)(f)). <br /> <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 ERMR does not own or <br />control any operations which are currently in violation of any law, rule, or regulation of the <br />United States, or any State law, rule, or regulation, or any provision of the Surface Mining <br />Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i)). <br /> <br />8. ERMR 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 <br />provisions of the Act (2.07.6(2)(h)). <br /> <br />9. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit renewal will not be inconsistent with other such operations anticipated to <br />be performed in areas adjacent to the permit area (2.07.6(2)(i)). <br /> <br />10. The Division estimates the reclamation liability for mining operations in this permit term to <br />be $5,497,416.51. The Division currently holds a $5,254,691.17 performance bond for <br />NHN. The estimated reclamation liability exceeds the performance bond currently held by <br />the Division due to 85.7 acres north of Meehan Draw (see Map 2.05.4-1) that are permitted <br />for disturbance but NHN does not anticipate to disturb during the next permit term. NHN <br />has committed to post an adequate bond prior to disturbance of this area. See Section 3.02.2 <br />for the cumulative bond schedule. <br /> <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the NHN permit area (Section 2 . 04.12). The decision was based on a letter from the <br />Natural Resource Conservation Service (NRCS) dated May 8, 2009 (Appendix 2.04.12-1) <br />stating that no prime farmland mapping units are found within the permit area (2 .07.6(2)(k)). <br />Seven different soil mapping units are mapped within the permit area. One of these seven <br />units, 71, Nyswonger silty clay loam, 1 to 4 percent slopes, is designated as "prime farmland <br />if irrigated." There is no historical evidence showing that this soil map unit within the permit <br />boundary has ever been irrigated (2.07.6(2)(k)). <br /> <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 area, and that the closest <br />alluvial valley floors to the area are found approximately three and one half miles to the