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2018-08-10_GENERAL DOCUMENTS - C1982056
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2018-08-10_GENERAL DOCUMENTS - C1982056
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Last modified
8/9/2018 11:05:27 AM
Creation date
8/9/2018 11:04:44 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1982056
IBM Index Class Name
General Documents
Doc Date
8/10/2018
Doc Name Note
For (RN7)
From
DRMS
To
Twentymile Coal, LLC
Permit Index Doc Type
Findings
Email Name
TNL
Media Type
D
Archive
No
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mining of coal; therefore, the documentation specified by Rule 2.03.6(2) is not required. <br />(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 Twentymile Coal <br />Company does not own or control any operations which are currently in violation of any <br />law, rule, or regulation of the United States, or any State law, rule, or regulation, or any <br />provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal <br />Mining Reclamation Act (2.07.6(2)(g)(I)). <br />8. Twentymile 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 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. At the time of issuance of this proposed decision for RN -06, the Division holds a <br />reclamation performance bond for the Foidel Creek Mine in the amount of $10,267,597.55, <br />in the form of a Corporate Surety. During the RN -07 review, the Division examined the <br />bond document and updated the estimated cost of reclamation for the worst-case disturbance <br />that will occur during the 2018-2023 permit term. The amended reclamation cost estimated <br />by the Division is $9,537,039.40. This amount represents the Division's estimate of the cost <br />of reclamation. It does not reflect any bond release for reclamation work completed by the <br />operator (2.07.6(2)(k)). The cost estimate with supporting documentation is set forth in the <br />Division's "Permit Renewal 7 Cost Update" for the Foidel Creek Mine, dated August 10, <br />2018. <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 the publication "Important Farmlands Inventory <br />of Colorado" USDA, Natural Resource Conservation Service (formerly SCS), Denver, <br />Colorado, October 1982. It states that no prime farmland mapping units are found within the <br />permit area or within Routt County. The local office of the NRCS confirmed this finding in a <br />letter dated September 24, 1984. This letter can be found in Exhibit 24 (2.07.6(2)(k)). <br />12. Based on information provided in the application, the Division has determined that alluvial <br />valley floors (AVF) exist within the permit or adjacent area. The alluvial valley floors are <br />known as the Fish Creek AVF, Foidel/Middle Creek Confluence AVF, and the Trout Creek <br />AVF. Based on information provided by the operator, the Division finds that for all the <br />above AVF's: <br />a) The proposed mining operation will not interrupt, discontinue, or preclude farming <br />on the alluvial valley floor. Cattle's ranching on undeveloped rangeland is the only <br />agricultural operation currently in practice in these portions of Fish Creek. Rule <br />Foidel Creek Mine 26 August 10, 2018 <br />
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