GENERAL31070

• Permit No: C1981023
• IBM Index Class Name: General Documents
• Doc Date: 3/14/2003
• Doc Name: Proposed Decision & Findings of Compliance for RN4
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

6. The Chimney Rock Mine contains both private and federal mineral and surface estates. The
East Pit and Barren Ridge Areas consist ofprivate mineral and surface holdings. At these locations,
the private mineral estate mined was severed from the private surface estate. The documentation
required by Rule 2.03.6(2) is provided in Exhibit 1 of the application. On the Federal Lease Area the
surface is managed by the U.S. Forest Service, and the coal has been leased by the U.S. Bureau of
Land Management. This lease, Federal Coal Lease No. C-34886, is also included in Exhibit 1.
7. 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 Kaiser Ventures LLC. 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)(ii)).
8. Kaiser Ventures LLC. 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)(h)).
9. The Division finds that surface coal mining and reclamation operations to be performed
under this permit will be consistent with other such operations anticipated to be performed in azeas
adjacent to the permit area (2.07.6(2)(1)).
10. The Division currently has in its possession a Letter of Credit in the amount of $120,000.00.
This bond amount exceeds the Division's projection of reclamation costs for the remaining
reclamation work to be accomplished during the proposed permit term. It also reflects 85 percent
bond releases from reclamation work completed by the operator for the entire area of the mine. This
release was approved by the Division during previous permit terms (2.07.6(2)Q)).
11. The Division has made a negative determination for the presence of prime farmland within
the permit azea. The decision was based on a study by the NRCS that demonstrates that no prime
farmland mapping units are found within the permit area (2.07.6.(2)(k)).
12. Based on information provided in the application the Division has determined that an alluvial
valley floor exists within the permit or adjacent azea. The alluvial valley floor is known as
Stollsteimer Creek AVF and was affected by surface mining operations(2.07.6(2)and 2.06.8(3)(C)).
For additional specific findings concerning this alluvial valley floor please see Section B, X.
13. The Division hereby approves the post-mining land use of the operation. It was determined
that the areas ofrangeland, pasture land, and wildlife habitats meet the requirements of Rule 4.16 for
the permit azea (2.07.6(2)(1)).
14. Specific approvals have been granted. These approvals aze addressed in the following
section, Section B (2.07.6(2)(m)).