APPCOR13250

• Permit No: C1983059
• IBM Index Class Name: Application Correspondence
• Doc Name: Proposed Decision Letter & Findings Document
• Media Type: D
• Archive: No

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Pursuant to Rule 2.01.6(2)(h), the Division finds that neither Terror
Creek Company, Bear Coal Company, nor Pacific Basin Coal and Carbon own
or control nor have they controlled mining operations with a demonstrated
pattern of willful violations of the Act of such nature, duration and
with such resulting irreparable damage to the environment as to indicate
an intent not to comply with the provisions of the Act.
Since the Terror Creek Load-out will not involve actual mining of coal,
private mineral estate has not been severed from private surface estate,
and the documentation specified by Rule 2.03.6(2) is not required (see
Rule 2.07.6(2)(8)). Terror Creek Company 15 the owner of the area to be
affected by surface facilities at the load-out.
The operation 1s in compliance with the requirements of this section.
II. Land Use - Rules 2.04.3. 2.05.5 and 4.16
A land use map is provided as Map No. 4 of the permit application.
Pre-mtning land uses are discussed on pages 2.04-2 through 2.04-4 of the
application. Post-mining land use is discussed on page 2.05-15.
P,re-mining land use 1n the 20 acre permit area was irrigated orchard.
The applicant proposes to disturb approximately 13 acres within the
permit area, and will maintain the orchard in undisturbed portions of the
permit area throughout the life of the operation. Land use to adjacent
areas is primarily irrigated pasture and orchard below the Fire Mountain
Irrigation Canal which runs along the northern border of the permit
area. Rangeland and wildlife habitat are the primary land uses on the
non Irrigated uplands along the North Fork.
Following cessation of operations at the load-out, the disturbed area
will be regraded and topsoiled, and restored to a condition capable of
supporting the pre-mine land use of irrigated orchard. The post-mining
land use proposed by the applicant is irrigated pastureland. This land
use 15 consistent and compatible with adjacent land uses.
Pursuant to Rule 2.0].6(2)(1), the post-mtning land use of irrigated
pastureland is hereby approved by the Division. This land use meets the
requirements of Rule 4.16.
The operation 1s in compliance with the requirements of this section.