Laserfiche WebLink
Colorado Surface Coal Mining Reclamation Act(2.07.6(2)(g)(i)). <br /> 8. Peabody Sage Creek Mining, LLC does not control and has not controlled mining <br /> operations with a demonstrated pattern of willful violations of the Act of such nature, <br /> duration, and with such resulting irreparable damage to the environment as to indicate an <br /> intent not to comply with the 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. The Division estimates the reclamation liability for mining operations in this permit term <br /> to be $3,389,947. The Division currently holds a $2,842,960.49 performance bond for the <br /> Peabody Sage Creek Mine. Peabody Sage Creek Mining, LLC will need to submit an <br /> additional performance bond prior to issuance of a renewed permit(2.07.6(200)). <br /> 12. Based on information provided in the application the Division has determined that an <br /> alluvial valley floor does exists within the permit or adjacent area for Annand Draw and <br /> Scotchman Gulch watersheds. This determination is based on information provided by the <br /> applicant in an evaluation conducted in 2009. The Division has determined alluvial valley <br /> floors exist in the watersheds of Fish Creek, Grassy Creek, and Little Grassy Creek. The <br /> approved mining operations will not interrupt, discontinue, or preclude agricultural <br /> activities in the three watersheds. Additional specific findings are provided by the <br /> operator in Section B, XII and Exhibit No. 2.06.8-E-1. (2.07.6(2)(k) and 2.06.8(3)(c)). <br /> 13. The Division hereby approves the post-mining land use of the operation. It was <br /> determined that upon completion of mining operations, mine facilities would be <br /> demolished and removed (unless approved as permanent facilities to support the post- <br /> mining land use at the request of the surface owner), surface disturbance areas regraded, <br /> effective drainage reestablished, soil materials replaced on the regraded areas and <br /> disturbed areas reseeded with an approved Rangeland seed mixture. All reclamation <br /> activities are planned and focused on restoring disturbed areas to a productive, self- <br /> sustaining post-mining land use as rangeland for grazing, recreation, and wildlife habitat. <br /> (2.07.6(2)(1)). <br /> 14. Three special species are known to occur in the permit area: bald eagle, Columbian sharp- <br /> tailed grouse, and greater sandhill crane. The PSCM operation and reclamation plans <br /> include avoidance, habitat restoration, and monitoring measures designed for prevention of <br /> destruction of the habitat of special status species of birds (2.07.6(2)(m)). The U.S. Fish <br /> and Wildlife Service (USFWS) determined in their biological opinion of April 23, 2010 <br /> that the depletion fits under the umbrella of the Yampa River Programmatic Biological <br /> Opinion and, therefore, would avoid the likelihood of jeopardy and/or adverse <br /> modification of critical habitat for endangered fish species in the Yampa River basin. <br /> No threatened or endangered plant species were identified in the proposed permit area. <br /> 12 <br />