Laserfiche WebLink
<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