2018-11-26_REVISION - C1980004 ‎(2)‎

• Permit No: C1980004
• IBM Index Class Name: Revision
• Doc Date: 11/26/2018
• Doc Name: Proposed Decision and Findings of Compliance
• From: DRMS
• To: McClane Canyon Mining, LLC
• Type & Sequence: RN8
• Permit Index Doc Type: Findings
• Email Name: CCW
• Media Type: D
• Archive: No

8. McClane Canyon Mining, LLC does not control and has not controlled mining operations
with a demonstrated pattern of willful violations of the Act of such nature, duration, and with
such resulting irreparable damage to the environment as to indicate an intent not to comply with
the provisions of the Act (2.07.6(2)(h)).
9. The Division finds that surface coal mining and reclamation operations to be performed
under this permit will not be inconsistent with other such operations anticipated to be performed
in areas adjacent to the permit area (2.07.6(2)(i)).
10. The Division estimates the reclamation liability for mining operations in this permit term
to be $474,715.32. Included in this Findings Document is the Division's reclamation cost
estimate dated September 5, 2018. The Division currently holds a $445,618.31 performance
bond for the McClane Canyon Mine. McClane Canyon Mining, LLC must submit an additional
$29,097.01 in performance bond prior to issuance of a renewed permit (2.07.6(200)).
11. The Division has made a negative determination for the presence of prime farmland within
the permit area. The decision was based on soil survey and land use information in the permit
application document indicating that land in the permit area has not been historically used as
cropland. No lands in the permit area are surface irrigated, and alluvial water along East Salt
Creek in the vicinity of the mine exhibits high salinity levels which would preclude production of
crops dependent on subirrigation. A December 1980, letter from the Soil Conservation Service in
Appendix L of the application confirms that no prime farmlands had been identified within the
proposed surface disturbance area (2.07.6(2)(k)).
12. Based on information provided in the application the Division has determined that an
alluvial valley floor (AVF) exists within the permit and adjacent area. The alluvial valley floor is
known as East Salt Creek, and a portion of the AVF has been affected by office facility
construction (2.07.6(2) and 2.06.8(3)(c)).
For additional specific findings concerning this alluvial valley floor please see Section B,
XI.
13. The Division hereby approves the post -mining land use of the operation. It was determined
that rangeland/wildlife land uses meet the requirements of Rule 4.16 for the permit area
(2.07.6(2)(1)).
14. Specific approvals required under Rule 4 are addressed in section B (2.07.6(2)(m)).
15. The Division finds that the activities proposed 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)). In 2005, both the Colorado Division of Wildlife (DOW) and the
U.S. Fish and Wildlife Service (USFWS) were notified of Permit Renewal No. 6, and concerns were
specifically solicited with respect to potential effects of the operation on endangered or threatened
species of plants or animals. Responses were received from both agencies, and information was
provided by the operator to address the identified concerns.
During the course of the RN-06/TR-15 review in 2005 and 2006, OSM prepared a Biological
Assessment addressing the potential effects of the operation on federally listed (threatened and
endangered) and candidate species. OSM also initiated formal consultation with the USFWS, due
to the adverse effects of water depletions to the upper Colorado River on the endangered fish species