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6. Because this is an underground operation which does not involve the surface mining of coal, <br /> the documentation specified by Rule 2.03.6(2)is not required(2.07.6(2)(f)). <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, and based on compliance checks made via <br /> the Applicant Violator System (AVS),the Division finds that ARC McClane Canyon <br /> Mining, LLC does not own or control any operations which are currently in violation of any <br /> law,rule, or regulation of the United States, or any State law,rule, or regulation, or any <br /> provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal <br /> Mining Reclamation Act(2.07.6(2)(g)(i)). <br /> 8. ARC McClane Canyon, LLC does not control and has not controlled mining operations <br /> with a demonstrated pattern of willful violations of the Act of such nature, duration, and <br /> with such resulting irreparable damage to the environment as to indicate an intent not to <br /> 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 $515,696.00. Included in this findings document is the Division's reclamation cost <br /> estimate dated March 2, 2021. The Division currently holds a$523,969.32 performance <br /> bond for the McClane Canyon Mine. ARC McClane Canyon, LLC currently holds a <br /> sufficient amount of bond monies to complete the required reclamation activities at the <br /> McClane Canyon Mine. <br /> 11. The Division has made a negative determination for the presence of prime farmland within <br /> the permit area. The decision was based on soil survey and land use information in the <br /> permit application document indicating that land in the permit area has not been historically <br /> used as cropland. No lands in the permit area are surface irrigated, and alluvial water along <br /> East Salt Creek in the vicinity of the mine exhibits high salinity levels which would preclude <br /> production of crops dependent on subirrigation. A December 1980, letter from the Soil <br /> Conservation Service in Appendix L of the application confirms that no prime farmlands had <br /> been identified within the proposed surface disturbance area(2.07.6(2)(k)). <br /> 12. Based on information provided in the application the Division has determined that an <br /> alluvial valley floor(AVF) exists within the permit and adjacent area. The alluvial valley <br /> floor is known as East Salt Creek, and a portion of the AVF has been affected by office <br /> facility construction(2.07.6(2) and 2.06.8(3)(c)). <br /> For additional specific findings concerning this alluvial valley floor please see Section B, <br /> XI. <br /> xi <br />