Laserfiche WebLink
i r <br />National Register of Historic Places, as determined by the State Historic Preservation Office <br />(2.07.6(2)(e)(i)). <br />6. A portion of the operation involves severed surface and mineral rights. The operator has the <br />right of entry based on deeds which are located in the Las Animas County Courthouse <br />(2.07.6(2)(fl). <br />7. On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-1 14(3- compliance review required by the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that Basin Resources, Inc. <br />does not own or control any operations which are currently in violation of any law, rule, or <br />regulation of the United States, or any State law, rule or regulation, or any provision of the <br />Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act (2.07.6(2)(g)(i)1. <br />8. The operator does not control and has not controlled mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and with such resulting <br />irreparable damage to the environment as to indicate an intent not to comply with the <br />provisions of the Act (2.07.6(211h)). <br />9. The Division finds that surface mining and reclamation operations to be performed under this <br />permit will not be inconsistent with other such operations anticipated to be performed in <br />areas adjacent to the permit area (2.07.6(2)(1)). <br />10. The Division has examined an existing bond in the form of a corporate surety and <br />accompanying riders in the amount of S1,330,000.00. This bond has received initial <br />approval. The actual bond must be submitted within five days after the public comment <br />period ends: Final approval of the bond shall be required before the permit will be issued. <br />The above bond reflects the Division's projection of reclamation costs for worst-case <br />disturbance which will occur during the proposed permit term. <br />1 1. The Division has made a negative determination for the presence of prime farmland within <br />the permit area. The decision was based on a letter from the Soil Conservation Service, <br />shown in Exhibit 15, that demonstrates that no prime farmland mapping units are found <br />within the permit area (2.07.6(2)(k)). <br />12. Based on information provided in the application, the Division has determined that an alluvial <br />valley floor exists within the permit or adjacent area. The alluvial valley floor is known as <br />the Picketwire Valley AVF and is located along the Purgatoire River. Section VIII of the <br />original findings documents discusses the grandfathering of the surface facilities. Section <br />VIII of the December 1988 findings document discusses the alluvial valley floor and the <br />impacts on it by the mining operations. <br />For additional specific findings concerning this alluvial valley floor, please see Section B, VIII. <br />13. The Division approves the post-mining land use of the operation. It was determined that <br />residential, wildlife, pastureland, rangeland, and industrial meet the requirements of <br />Rule 4.16 for the permit area (2.07.6(2)(1)). <br />10 <br />