GENERAL32130

• Permit No: C1980004
• IBM Index Class Name: General Documents
• Doc Date: 8/23/1982
• Doc Name: Approved Decision Document For Fed Lease C-0125439
• From: OSM
• To: MLRD
• Permit Index Doc Type: Other Permits
• Media Type: D
• Archive: No

-2-
5. OSM's issuance of
Mineral Leasing Act portion of
' ante with the National Historic
• (36 CFR 800) (see TA and State
[2.07.6(2)(e), 786.19(e)].
a permit and the Secretarial decision on the
the mining and reclamation plan are in compli-
Preservation Act and implementing regulations
Historic Preservation Officer correspondence)
6. The applicant has the legal right to enter and conduct underground
mining activities in the permit area. This is verified by documents located
in the Mining & Reclamation Plan (MRP). Appendix C [786.19(f)].
7. The applicant has submitted proof showing that prior violations of
applicable law and regulations have been corrected. A call to Bryan Munson of
the Colorado Mined Land Reclamation Division on 6/25/82 confirmed this. This
has been thoroughly discussed in appenix B of the MRP. (2.01.6(2)(9), [786.19-
(9)J])
8. The applicant has submitted proof that all fees for the Abandoned
Mine Reclamation Fund have been paid [2.07.6(2)(0), 786.19(h)] (See Reclama-
tion Fees, pg. 28, Sec. XXIV of TA.) (Confirmed by OSM staff in discussion
with the John Sender, Fee Compliance Officer in the New Mexico State Office,
3/30/82.)
9. The applicant does not control and has not controlled mining opera-
tions with a demonstrated pattern of willful violations of the Act of such na-
ture, duration, and with such resulting irreparable damage to the environment
as to indicate an intent not to comply with the provisions of the Act
(pg. 28, Sec. XXVI, of the TA) [2.07.6(2)(h), 786.19(1)].
10. Surface coal mining and reclamation operations to be performed under
• the permit will not be inconsistent with other operations in areas adjacent to
the proposed permit area since the Munger Canyon Mine, also owned by Salt
Creek Minig, is located immediately south of McClave about 1 1/2 miles. (see
Land Use, Appendix K of MRP) and (page 28, Sec. XXV of TA), [2.07.6(2)(1),
786.19(j)]
11. The analysis completed by OSM shows that the bond amount will be ad-
equate. The applicant is required to submit the performance bond required
under the Act, the approved State program, and the Federal Lands Program prior
to permit issuance. The bond would be made payable to both the United States
and the State of Colorado in the amount of $53,750.00 [2.07.6(2)(j), 786.19 (k)
and 742.12(b)] (See Bonding Sec. XIX, page 27 of TA).
12. The applicant has obtained a negative declaration with respect to
prime farmlands (See Prime Farmlands, Appendix L of MRP and Sec. XIV, page 25
of TA) [2.07.6(2)(k), 786.19(1)].
13. With respect to the life of mine permit area, a positive alluvial
valley floor determination has been made. An area of the East Salt Creek AVF
is contained within the mining permit area (Approximately 1/6 of one percent
of the AVF contained in the permit area will be affected, or about .24
acres). The area, which is disturbed by the access road to the mine, was pre-
viously disturbed by a ranch road. The only agriculture in the affected area
is open livestock grazing and by careful analysis, it was concluded the small
amount of disturbance mentioned above will not directly affect other types of
fanning located downstream. There will be no water runoff from the mine work-
• ings since the coal seams dip inward and away from the creek. The workings
are essentially dry which is normally the case with Mesa Verde Cameo Seam
mines located above ~,vater table. Furthermore, all surface water runo~f