GENERAL30719

• Permit No: C1982056
• IBM Index Class Name: General Documents
• Doc Date: 1/2/2007
• Doc Name: Proposed Decision & Findings of Compliance for PR7
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

December 8, 2006. The result of the queries was the operator has no outstanding
violations. The system recommendation is "issue" the permit.
9. The Division finds that, at this time, there aze no other surface coal mining and
reclamation operations in azeas adjacent to the permit area [Rule 2.07.6(2)(1)].
10. The Division held, as of December 28, 2006, a reclamation performance bond from the
applicant in the amount of $7,279,611. The Division estimated the remaining
reclamation liability for permitted disturbances at the Foidel Creek Mine to be
$7,279,611 as of December 28, 2006. This total amount reflects the Division's
projection of reclamation costs for worst-case disturbance which are permitted to occur
during the proposed permit term (2003-2008) as of the date of this Permit Revision 7
proposed decision. This Permit Revision 7 does not raise or lower the remaining
reclamation liability. The Division will require a reclamation bond sufficient to cover
any disturbances throughout the life of the Permit [Rules 2.07.4(3)(c) and 2.07.6.(2)(j)].
11. The Division has made a negative determination for the presence of prime farmland
within the permit azea. The decision was based on the publication "Important
Farmlands Inventory of Colorado" USDA, Natural Resource Conservation Service
(NRCS)(formerly the Soil Conservation Service), Denver, Colorado, October 1982. It
states that no prime farmland mapping units aze found within Routt County. The local
office of the NRCS confirmed this finding in a letter dated September 24, 1984. This
letter can be found in Exhibit 24 of the PAP [Rule 2.07.6(2)(k)].
12. Based on information provided in the application, the Division has determined that
alluvial valley floors exist within the permit or adjacent area. The alluvial valley floors
aze known as the Fish Creek AVF, Foidel/Middle Creek Confluence AVF, and the
Trout Creek AVF. Based on information provided by the operator, the Division finds
that for all of the above AVFs:
a) the proposed mining operation will not interrupt, discontinue, or preclude farming on
the alluvial valley floor;
b) the proposed mining operation will not cause material damage to the quantity and
quality of surface and groundwater that supply the alluvial valley floor (additional
information regazding impacts to alluvial valley floors may be found in Section B,
XVIII of this document); and
c) the proposed operation will preserve the essential hydrologic functions of the alluvial
valley floor, [Rules 2.07.6(2)(k) and 2.06.8(3)(c)].
For specific findings concerning these alluvial valley floors, refer to Section B, XVIII of
this document [Rules 2.07.6(2}(k) and 2.06.8(3)(c)].
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