Laserfiche WebLink
6. Foidel Creek is solely an underground operation, therefore the documentation required by Rule <br />2.03.6(2) is not required (2.07.6(2)(t)). <br />On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that Twentymile Coal Company does <br />not own or control any operations which aze curcently in violation of any law, rule, or regulation <br />of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining <br />Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(I)). <br />8. Twentymile Coal Company does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with such <br />resulting irreparable damage to the environment as to indicate an intent not to comply with the <br />provisions of the Act (2.07.6(2)(h)). The Applicant Violator System was queried on December <br />23, 2003. The result of this query was the operator has no outstanding violations. The system <br />recommendation is "issue" the permit. <br />9. The Division finds that surface coal mining and reclamation operations to be performed under <br />this 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 currently holds a reclamation performance bond from the applicant in the amount <br />of $7,118,370. The Division estimated the remaining reclamation liability for the Foidel Creek <br />Mine to be $5,885,103, as of July 24, 2003. Since then, reclamation liability of $3,943 has been <br />approved in Minor Revisions. Therefore, the total estimated reclamation liability is $5,889,046 <br />($5,885,103 + $3,943). This total amount reflects the Division's projection of reclamation costs <br />for worst-case disturbance which will occur during the proposed permit term (2003-2008). <br />Based on this amount, the Division proposes to adjust the amount of bond required for the <br />permit area from the existing $7,037,817 to $5,889,046. This adjustment is being made in <br />accordance with the procedures of Section 3.02.2(4). This adjustment is not associated with any <br />reclamation activity that has occurred, but is the result of changes in the estimated costs of tasks <br />in the reclamation plan (mainly borehole sealing, revegetation, and regrading). The permittee <br />has the right to an informal conference on this proposed adjustment pursuant to Section <br />3.02.2(4)(a). Any party with an interest that may be adversely affected by this proposed <br />adjustment has the right to a formal hearing pursuant to 2.07.4(3). The Division believes the <br />curcently held reclamation bond is sufficient to complete all remaining reclamation on the site, <br />and no new or additional performance bond is required as a result of this permit renewal <br />(2.07.6.(2)Q)). <br />11. The Division has made a negative determination for the presence of prime farmland within the <br />permit area. The decision was based on the publication "Important Farmlands Inventory of <br />Colorado" USDA, Natural Resource Conservation Service (formerly SCS), Denver, Colorado, <br />October 1982. It states that no prime farmland mapping units aze found within the permit azea <br />or within Routt county. The local office of the NRCS confirmed this finding in a letter dated <br />September 24, 1984. This letter can be found in Exhibit 24 (2.07.6(2)(k)). <br />12. Based on information provided in the application, the Division has determined that alluvial <br />valley floors exist within the permit or adjacent azea. The alluvial valley floors are known as the <br />16 <br />