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The same finding was confirmed for PR-15 on the basis of information submitted by MCC <br /> in the form of a Negative Results Report of a Cultural Resource Survey, conducted by <br /> ERO Resources Corporation of Durango, CO (added to the PAP as Exhibit 10f . <br /> 6. The operator proposes no surface mining of coal; therefore, the documentation specified <br /> by Rule 2.03.6(2) is not required [2.07.6(2)(0]. <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 MCC, as of <br /> August 12, 2020 does not own or control any operations which are currently in violation of <br /> any law, rule, or regulation of the United States, or any State law, rule, or regulation, or <br /> any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br /> Coal Mining Reclamation Act [2.07.6(2)(g)(i)]. MCC's compliance review information <br /> was verified through the use of OSM's AVS. <br /> 8. MCC does not control and has not controlled mining operations with a demonstrated <br /> pattern of willful violations of the Act of such nature, duration, and with such resulting <br /> irreparable damage to the environment as to indicate an 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. The Division estimates the reclamation liability for mining operations in this permit term <br /> to be $12,300,856. The Division currently holds a $15,000,000.00 performance bond for <br /> the West Elk Mine, which is in excess of the required surety(2.07.6(200)). <br /> 11. The Division has made a negative determination for the presence of prime farmland within <br /> the part of the permit area that existed prior to PR-10, based on a letter dated October 10, <br /> 1980, from the Soil Conservation Service that demonstrates that no prime farmland <br /> mapping units are found within the permit area, updated with letters from the US Forest <br /> Service and the Natural Resources Conservation Service on November 23, 2005, finding <br /> no prime farmland within the West Flatiron lease area. The Division made a negative <br /> determination for the presence of prime farmland within the parts of the permit area <br /> proposed for addition in PR-12 and PR-15, based on the absence of land that has <br /> historically been used for cropland [2.07.6(2)(k)]. <br /> 12. The Division has made a negative determination regarding alluvial valley floors within the <br /> permit area [2.07.6(2)(k) and 2.06.8(3)(c)]. <br /> For additional findings concerning alluvial valley floors please see Section B, XVII. <br /> 13. The Division hereby approves the post mining land uses of rangeland and wildlife habitat <br /> for this operation. It was determined that these uses meet the requirements of Rule 4.16 <br /> for the permit area [2.07.6(2)(1)]. <br /> 31 <br />