Laserfiche WebLink
<br />Proposed Decision and Findings of Compliance July 2018 <br />Permit Renewal No. 7 P a g e | 29 <br />not to comply with the provisions of the Act (Rule 2.07.6(2)(h)). <br /> <br />IX. Inconsistent Operations <br /> <br />The Division finds that surface coal mining and reclamation operations to be performed under this <br />permit will not be inconsistent with other such operations anticipated to be performed in areas <br />adjacent to the permit area (Rule 2.07.6(2)(i)). <br /> <br />X. Performance Bond <br /> <br />Detailed reclamation cost estimates and liability information can be found in Exhibit 13 and <br />Exhibit 13C of the PAP. A review of Division files indicates that the Division currently holds <br />surety bond for activity within the permit area in the amount of $95,517,829.00 (Rule <br />2.07.6(2)(j)). <br /> <br />The Division has determined that for the Renewal No. 7 permit term from November 5, 2017 <br />through November 5, 2022, the currently held surety of $95,517,829.00 is inadequate to ensure <br />reclamation in the event of permit revocation and bond forfeiture based upon the currently <br />approved mining and reclamation plans. Per Rule 3.02.1(6), Colowyo has elected to file a <br />cumulative bond schedule for the permit term and not the life of the Mine. For the worst-case- <br />scenario at Colowyo, the Division has determined the reclamation liability for the 2017 – 2022 <br />permit term is $148,188,714.00. The previous worst-case-scenario at Colowyo was <br />$190,441,214.00. The difference between this amount for the worst-case-scenario and the <br />previously calculated worst-case-scenario bond reported is a reduction of $42,252,500.00. <br />Additionally, based on Rule 3.02.1(6), the Division has determined that the required minimum <br />reclamation liability for the 2017 – 2022 permit term is $108,025,720.00. The difference between <br />this amount for the permit term and the current bond held is $12,507,891.00. This amount of <br />$12,507,891.00 may be submitted with a single bond rider or may be submitted incrementally per <br />Rules 3.02.1(5)(b) and 3.02.1(6). <br /> <br />XI. Prime Farmland & Alluvial Valley Floors <br /> <br />The Division has made a negative determination for the presence of prime farmland within the <br />permit area. The decision was based on a letter from the Soil Conservation Service (now the <br />Natural Resources Conservation Service or NRCS) that demonstrated that no prime farmland <br />mapping units are found within the permit area. This letter is dated December 18, 1980 and can <br />be found in Exhibit 9 of the PAP (Rule 2.07.6(2)(k)). <br /> <br />Based on information provided in the PAP, the Division has determined that alluvial valley floors <br />exist within the permit or adjacent areas. These alluvial valley floors are affiliated with Good <br />Spring Creek, Wilson Creek and Lower Elkhorn Creek. None of the four designated alluvial <br />valley floors are within the area to be mined; therefore, mining operations will not cause direct <br />disturbance to any alluvial valley floors. Any mining impact that might occur will be indirect in <br />nature. For additional specific findings concerning these alluvial valley floors, please see Section