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2018-01-23_GENERAL DOCUMENTS - C1981041
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2018-01-23_GENERAL DOCUMENTS - C1981041
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Last modified
1/23/2018 1:45:42 PM
Creation date
1/23/2018 1:44:19 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981041
IBM Index Class Name
General Documents
Doc Date
1/23/2018
Doc Name Note
For RN7
Doc Name
Proposed Decision and Findings of Compliance
From
DRMS
To
Snowcap Coal Company, Inc
Permit Index Doc Type
Findings
Email Name
JHB
Media Type
D
Archive
No
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<br /> <br /> <br /> 21 C1981-041 RN7 findings <br />6. For this surface mining operation private mineral estate has been severed from private <br />surface estate. Because underground mining activities do not concurrently involve the <br />surface mining of coal, the documentation specified by Rule 2.03.6(2) is not required <br />(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 Snowcap Coal Company, Inc <br />does not own or control any operations which are currently in violation of any law, rule, or <br />regulation of the United States, or any State law, rule, or regulation, or any provision of the <br />Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act (2.07.6(2)(g)(i)). The Federal Applicant Violator System (AVS) was <br />consulted on July 17, 2017, and again on January 22, 2018, with the results from both <br />consultations that there were no outstanding violations associated with any of the owners or <br />controlling interests. <br /> <br />8. Snowcap Coal Company does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with such <br />resulting irreparable damage to the environment as to indicate an intent not to comply with <br />the 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 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 /> <br />10. The Division estimates the reclamation liability for mining operations in this permit term to <br />be $49,631.54. The Division currently holds a $65,702.26 performance bond for the <br />Roadside Portals. Snowcap Coal Company, LLC holds an adequate bond for the Roadside <br />Portals operation. No additional bond is required at this time. (2.07.6(20(j)). <br /> <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the permit area. The decision was based on information from the Natural Resources <br />Conservation Service and the permit application, Volume 2, Tab 9. No land within th e <br />permit area is irrigated on a regular basis. Average annual precipitation is about nine inches, <br />and much of the land slope exceeds ten percent. The Mesa County Soil Conservation <br />Service survey shows no soil mapping units designated as potential prime farmlands. <br />Pursuant to Rule 2.07.6(2)(k), the Division finds the proposed operation in compliance with <br />the requirements of Prime Farmland. <br /> <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 Colorado River and Rapid Creek. The Colorado River has been affected by <br />the facilities area, unit train loadout, and the conveyor. Mining occurred beneath Rapid <br />Creek. Two hundred to five hundred-foot-wide protective pillars were left intact beneath <br />Rapid Creek to mitigate potential impacts. Surface water flow monitoring and monitoring <br />of alluvial water levels is conducted upstream and downstream from mining activit y on
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