Laserfiche WebLink
Division finds that Seneca Property, LLC does not own or control any operations which are <br /> currently in violation of any law,rule, or regulation of the United States, or any State law, <br /> rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or <br /> the Colorado Surface Coal Mining Reclamation Act(2.07.6(2)(g)(0). <br /> 8. Seneca Property, LLC 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 an intent not to comply with <br /> 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 in areas <br /> adjacent to the permit area(2.07.6(2)(0). <br /> 10. The Division currently holds a corporate surety in the amount of$3,790,697.28. Two bond <br /> release requests; SL6 a request of Phase II/III on 379.5 acres, and a partial Phase III bond <br /> release on 437.1 acres for a total of 816.6 acres and SL7 requesting 367 acres of Phase III <br /> release are pending at this time (January 2021). Based on the Division's review,the currently <br /> held bond is adequate to complete reclamation in compliance with the reclamation plan. No <br /> additional financial warranty will need to be submitted by the applicant. <br /> 11. The Division has made a negative determination for the presence of prime farmland within <br /> the permit area. The decision based on evidence provided by the Soil Conservation Service <br /> (now Natural Resources Conservation Service), demonstrates that no prime farmland <br /> mapping units are found within the permit area(2.07.6(2)(k)). This evidence can be found <br /> in Volume 5, Tab 9,Appendix 9-5. <br /> 12. Based on information provided in the application,the Division has determined that alluvial <br /> valley floors exist within the permit or adjacent area. The alluvial valley floors are known <br /> as Hubberson Gulch, Dry Creek, and Sage Creek and will not be affected by mining <br /> operations (2.07.6(2)(k) and 2.06.8(3)(c)). <br /> For additional specific findings concerning this alluvial valley floor please see Section B,part <br /> XVII. <br /> 13. The Division hereby approves the post-mining land use of the operation. It was determined <br /> that a primary use of rangeland/wildlife habitat meet the requirements of Rule 4.16 for the <br /> permit area(2.07.6(2)(1)). <br /> 14. The wildlife inventory in the currently approved permit application package, supplemented <br /> with wildlife monitoring during active mining, remains valid and adequately addresses the <br /> current list of threatened and endangered species known to occur in Routt County, <br /> Colorado. <br /> Specific approvals have been granted. These approvals are addressed in the following <br /> section, Section B XIII of this findings. <br /> 15. The Division finds that the activities proposed by the applicant would not affect the <br /> continued existence of endangered or threatened species or result in the destruction or <br /> adverse modification of their critical habitats (2.07.6(2)(n)). For additional discussion <br /> please refer to Sections B, VIII (Revegetation), and XIII (Protection of Fish, Wildlife, <br /> and Related Environmental Values). <br /> Page 12 of 37 <br />