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2018-02-05_GENERAL DOCUMENTS - C1992081
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2018-02-05_GENERAL DOCUMENTS - C1992081
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Last modified
2/5/2018 12:38:12 PM
Creation date
2/5/2018 12:36:55 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1992081
IBM Index Class Name
General Documents
Doc Date
2/5/2018
Doc Name Note
For RN5
Doc Name
Proposed Decision and Findings of Compliance
From
Hayden Gulch Terminal, LLC
To
DRMS
Permit Index Doc Type
Findings
Email Name
JDM
Media Type
D
Archive
No
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determined by the State Historic Preservation Office (2.07.6(2)(e)(i)). <br />6. For this loadout operation, private mineral estate has been severed from private surface <br />estate. The permittee is not proposing to mine coal within the permit boundary, therefore, <br />the documentation specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-114(3) compliance review required by the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that, based on <br />information received from the Office of Surface Mining Applicant Violator System, <br />operations owned or controlled by HGT do not own or control any operations which are <br />currently in violation of any law, rule, or regulation of the United States, or any State law, <br />rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or <br />the Colorado Surface Coal Mining Reclamation Act. (2.07.6(2)(g)(i)). <br />AVS was checked on September 26, 2017 and a request was made to update the ownership <br />and control information. HGT provided updated ownership and control information and <br />AVS was checked again on January 16, 2018. No problems or outstanding enforcement <br />actions were identified as a result of the second AVS check. <br />8. HGT 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 />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 />10. The Division currently holds a corporate surety in the amount of $1,029,982.70. The cost <br />estimate for bond liability has been revised as a result of the renewal application with costs <br />updated in 2017. The Division estimates the on -the -ground reclamation liability for <br />mining operations in this permit term to be $1,107,240.91. The amount of performance <br />bond reflects the Division's projection of reclamation costs for the worst-case disturbance <br />that will occur during this permit term. It reflects five bond releases for reclamation work <br />completed (2.07.6(2)(j)). <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 a letter from the Soil Conservation Service <br />that demonstrates that no prime farmland mapping units are found within the permit area. <br />This letter is dated April 13, 1978 and can be found in Volume 1, Tab 9, Attachment 9-3 <br />of the PAP (2.07.6(2)(k)). <br />12. Based on information provided in the application, the Division has determined that alluvial <br />valley floors exist within or adjacent to the permit area. The alluvial valley floors are <br />known as the Dry Creek and Sage Creek Alluvial Valley Floors (2.07.6(2)(k) and <br />16 <br />
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