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6. For this Loadout,rail loop operation, and haul road,the private mineral estate has been <br /> severed from the private surface estate. The permittee is not proposing to mine coal within <br /> the permit boundary. (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,the Division finds that,based on <br /> information received from the Office of Surface Mining Applicant Violator System, <br /> operations owned or controlled by HGL do 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)(i)). <br /> AVS was checked on October 30, 2020 and no outstanding enforcement actions were <br /> reported nor were there any problems noted with the ownership and control information. <br /> AVS was rechecked on November 17, 2021. <br /> 8. HGL does not control and has not controlled mining operations with a demonstrated pattern <br /> of willful violations of the Act of such nature, duration, and with such resulting irreparable <br /> damage to the environment as to indicate intent not to comply with the provisions of the Act. <br /> (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 has determined the total bond liability for the site is $1,443,270. <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 a letter from the Soil Conservation Service that <br /> demonstrates that no prime farmland mapping units are found within the permit area. This <br /> letter is dated April 13, 1978 and can be found in Volume 1, Tab 9, Attachment 9-3 of the <br /> PAP (2.07.6(2)(k)). <br /> 12. Based on information provided in the application, the Division has determined that alluvial <br /> valley floors exist within or adjacent to the permit area. The alluvial valley floors are <br /> known as the Dry Creek and Sage Creek Alluvial Valley Floors (2.07.6(2)(k) and <br /> 2.06.8(3)(c)). <br /> For additional information concerning the presence of alluvial valley floors along Dry <br /> Creek and Sage Creek, please see Volume 1, Tab 7 of the PAP and Section B, Item <br /> XIV of this document. <br /> 13. The Division hereby approves the post-mining land uses proposed for this operation. It was <br /> determined that the proposed postmining land uses,recreation, grazing lands (consisting of <br /> 15 <br />