GENERAL30857

• Permit No: C1981010
• IBM Index Class Name: General Documents
• Doc Date: 2/5/1993
• Doc Name: Proposed Decision & Findings of Compliance for PR3 & RN2
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

For this surface mining operation, private mineral estate has not been
severed from private surface estate, therefore, the documentation
specified by Rule 2.03.6(2) ie not required. (2 .07.6(2)(f)).
On the basis of evidence submitted by the applicant and received from
other state and federal agencies ae a result of the Section 34-33-114(3)
compliance review required by the Colorado Surface Coal Mining Reclamation
Act, the Division finds that Trapper Mining, Inc. 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. (2.07.6(2)(g)(i)).
8. Trapper Mining, Inc. 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. (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 pezmit
area. (2.07.6(2)(1)).
10. The Division currently holds bond in the amount of $13,015,310.00 in the
form of a corporate surety. For this Permit Revision/Permit Renewal (PR-
03/RN-02) the required bond amount is determined to be $14,880,470.00. The
actual bond must be submitted within 5 days after the public comment
period ends. Final approval of the bond shall be required before the
permit will issue.
The above bond amount reflects the Division's projection of reclamation
costa for worst-case disturbance which will occur during the proposed
permit term (in the year 1994). (2.07.6.(2)(j)).
ii. The Division has made a negative determination for the presence of prime
farmland within the permit area. The decision was based on a pre-
application investigation of the soils found within the proposed permit
area. Pursuant to 2.04.12(2) criteria, the applicant has provided ~~
information which demonstrates that lands within the permit area, which
could be used as cropland, are not irrigated or naturally sub-irrigated,
have no dependable water supply of adequate quality, and receive less than
14 inches of annual precipitation. Therefore, the Division hereby renders
a negative determination for the presence of prime farmland within the
permit area. (2.07.6(2)(k)).
12. The Division has made a negative determination for the existence of
alluvial valley floors within the permit area. However, the applicant has
identified several areas near the mine which meet the geomorphic criteria
of an alluvial valley floor (AVF). They are No Name, Johnson, Pyeatt, and
Flume gulches as well as the Yampa and the Williams Fork Rivera.
No Name gulch occurs in the western portion of the mine. IInconsolidated
streamlaid deposits do not exist in the area proposed to be disturbed by
the mine operation. Alluvial deposits do occur in the valley about one-
half mile downstream from the mine boundary. Upper portions of this
ephemeral stream will be mined through and restored upstream of any
alluvial deposit. Land use along No Name gulch is undeveloped rangeland.
Portions (375 acres) of the lower reaches are used for un-irrigated wheat
production. These wheat fields will not be physically disturbed by
mining. No irrigated trope are or have been grown along No Name gulch.
The average water yield for No Name gulch was determined by the applicant
to be 117 acre-ft/year. Through conversations between the local Soil
Conservation Service official in Craig, Colorado it hoe been determined
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