2018-12-12_REVISION - C2010088 ‎(10)‎

• Permit No: C2010088
• IBM Index Class Name: Revision
• Doc Date: 12/12/2018
• Doc Name: Proposed Decision and Findings of Compliance
• From: DRMS
• To: Brock Bowles
• Type & Sequence: RN1
• Email Name: BFB
• Media Type: D
• Archive: No

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was resolved by the time the November 16, 2018 check was conducted.

8. CAM 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 coal loadout 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 the Loadout for the forthcoming in this
permit term to be $1,657,040.95 (the DRMS cost estimate dated 8/13/2018 accompanies this
document). CAM is utilizing a cumulative bond schedule (Rules 3.02.1(5)(b) and 3.02.1(6))
approved in 2015 via Technical Revision TR-3. The Division currently holds a $10,000.00
corporate surety performance bond for the Loadout. CAM must submit and receive approval
of an additional $1,647,040.95 in performance bond before approved activities that create
more than $10,000 in on-the-ground reclamation liability can occur (2.07.6(2)(j)).

11. The Division has made a negative determination for the presence of prime farmland within
the permit area. The decision was based on a letter from the NRCS (December 20, 2010,
Tab 8-permit application package) that demonstrates that no prime farmland mapping units
are found within the permit area (2.07.6(2)(k)).

12. The Division has made a negative determination for the existence of alluvial valley floors
within the permit area. This determination is based on information provided by the applicant
which demonstrates that a) there are no stream laid deposits meeting the pertinent size
criteria, b) the project area does not meet the minimum requirements for agricultural
activities and c) the area is overlain by a veneer of colluvial deposits. The results of the
AVF investigation are in Tab 14 of the permit application package, including a letter from
NRCS (Jan 14, 2011) stating that "the soils are considered very poor for possible conversion
to cropland” (2.07.6(2)(k)).

13. The Division hereby re-approves the post-mining land uses of the operation. It was
determined that rangeland/fish and wildlife and industrial meet the requirements of Rule
4.16 for the permit area (2.07.6(2)(l)).

14. Specific approvals have been granted or are proposed. These approvals are addressed in the
following section, 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)). As described previously in this
document, the BA prepared jointly by the OSM and BLM in conjunction with the original
permit application addressed the effects of the depletions and other aspects of the Loadout
on the endangered Colorado River fishes. Because of these potential effects to fish and
critical habitat, conservation measures have been specified in the BA that will avoid and/or