2018-02-08_REVISION - C2010089 ‎(8)‎

• Permit No: C2010089
• IBM Index Class Name: Revision
• Doc Date: 2/8/2018
• Doc Name: Proposed Decision and Findings of Compliance
• From: DRMS
• To: Elk Ridge Mining and Reclamation, LLC
• Type & Sequence: PR2
• Email Name: BFB
• Media Type: D
• Archive: No

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12. The Division has made a negative determination for the existence of alluvial valley floors
(AVF) within the permit area based on the rules set forth in Rule 2.06.8(3)(c) and
(2.07.6(2)(k). This determination is based on information provided by the applicant which
demonstrates that there are no alluvial valley floors within the immediate vicinity of the
existing New Horizon Mine (C-1981-008), which includes the NHN Mine area, and that the
closest alluvial valley floors to the area are found approximately three and one half miles to
the west in the floodplain of the San Miguel River. Given the distance involved between
the probable occurrence of known alluvial valley floors and the New Horizon North Mine
area, the Division confirms the negative presence of alluvial valley floors in the mine area.
The results of the AVF investigation are in Section 2.06.8 of the permit document.

13. The Division hereby approves changes to the post-mining land use of the operation proposed
by PR-2. These changes were requested by the landowner, Mr. Stan Garvey, in a letter dated
August 9, 2017. The letter can be found in Appendix 2.05.5-1 of the permit. It was
determined that Irrigated Pasture/Cropland and Dryland Pasture meet the requirements of
Rule 4.16 for the permit area (2.07.6(2)(l)).

14. The Division finds that no specific approvals required under Rule 4 are necessary for this
mine plan.

15. The Division finds that the activities by the applicant would not affect the continued
existence of endangered or threatened species or result in the destruction or adverse
modification of their critical habitats (2.07.6(2)(n)).

16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of
this time, Elk Ridge Mining and Reclamation, LLC, the present operator is current in the
payment of reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(o)).

Section B - Rule 4

I. Roads - Rule 4.03

A. Haul Roads

No changes to the haul roads were proposed in the PR-2 application.

B. Access Roads

No changes to the access roads were proposed in the PR-2 application.

C. Light-Use Roads

No changes to the light-use roads were proposed in the PR-2 application.

II. Support Facilities - Rule 4.04