GENERAL30680

• Permit No: C1980001
• IBM Index Class Name: General Documents
• Doc Date: 1/8/2007
• Doc Name: Proposed Decision & Findings of Compliance for RN5
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

On the basis of information submitted by Pittsburg & Midway in the form of
resource survey data, the Division finds that subject to valid existing rights as of
August 3, 1977, the mining operation will not adversely affect any publicly owned
park or place listed on or eligible for listing in the National Register of Historic
Places as determined by the State Historic Preservation Office [Rule
2.07.6(2)(e)(i)]
6. For this surface mining operation, private mineral estate has been severed from
private surface estate; therefore, the documentation specified by Rule 2.03.6(2)
has been provided and has been incorporated in the PAP, Exhibit 3.7-1 [Rule
2.07.6(2)(f)].
On the basis of evidence submitted by the applicant and received from other state
and federal agencies as a result of the Section 34-33-114(3) compliance review
required by the Colorado Surface Coal Mining Reclamation Act, the Division ~
finds that Pittsburg & Midway, as well as any person who owns or controls
Pittsburg & Midway, does not own or control any operations which are currently
in violation of any law, rule, or regulation of the United States, or any State law,
rule, or regulation, or any provision of the Surface Mining Control and
Reclamation Act or the Colorado Surface Coal Mining Reclamation Act [Rule
2.07.6(2)(g)(i)].
8. Pittsburg & Midway, as well as any person who owns or controls Pittsburg &
Midway, does not control and has not 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 [Rule 2.07.6(2)(h)].
9. The Division finds that surface coal mining and reclamation operations to be
performed under this permit will not be inconsistent with other such operations
anticipated to be performed in areas adjacent to the permit area [Rule
2.07.6(2)(1)]
10. The Division currently holds a reclamation performance bond (self bond) from the
applicant in the amount of $3,071,961. The Division believes this amount of bond
is sufficient to complete all remaining reclamation on the site [Rule 2.07.6(2)(j)].
The Division estimated the cost of remaining reclamation for the Edna Mine to be,
as of December 15, 2006, $2,871,155. This estimate is considered current as of
the date of this findings. It represents an increase of $25,357 since last adjusted. In
accordance with Rule 3.02.2(4), the Division, by letter of December 28, 2006,
advised P&M of the proposed increase and provided an opportunity for an
informal conference on the adjustment. By letter of January 3, 2007, P&M
advised that they did not wish an informal conference on the slight increase in the
reclamation cost estimate.
~ ~ Applicant Violation System check of December 11, 2006
C-1980-001 Permit Renewal 5 Findings Page 17 of 33 Pages