GENERAL36053

• Permit No: C1983059
• IBM Index Class Name: General Documents
• Doc Date: 10/17/2003
• Doc Name: Proposed Decision & Findings of Compliance for RN4
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

error Creek Company 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 irrepazable damage to the environment as to indicate an intent not to comply with
the provisions of the Act (2.07.6(2)(h)).
The Division fmds 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 permit azea (2.07.6(2)(1)).
10. The Division has examined and is holding three bond documents totaling $278,000.00. The
first bond document is a certificate of deposit, number 010-000-0702458, from Bank One in
the amount of $78,000.00. The second bond document is also a certificate of deposit, number
10 24048901, for $100,000.00, from the Morgan Federal Bank. The third bond document is
a certificate of deposit, number 80595876; from the Paonia State Bank, for $100,000.00.
These three bond documents have received fmal approval. The reclamation bond has been
reviewed pursuant to Rule 3.02.2(4) to determine whether the above total bond amount
reflects the Division's projection of reclamation costs for worst-case disturbance which will
occur during the proposed permit term (2.07.6.(2)(j)). The Division's estimate of the cost of
the reclamation liability at the Terror Creek Loadout is $272,878.00. Therefore, the Division
holds sufficient bond to complete the reclamation tasks at the Terror Creek Loadout.
11. The Division has made a negative determination for the presence of prime farm land within
the permit azea. The decision was based on mapping by the U.S. Soil Conservation Service
which demonstrates that no prime farmland mapping units aze found within the permit azea
(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 area. The alluvial valley floor is known as
the North Fork of the Gunnison River Alluvial Valley Floor (2.07.6(2)(x) and 2.06.8(3)(C)).
For additional specific findings concerning the alluvial valley floor, please see Section B, VI.
13. The Division hereby approves the post-mining land use of the irrigated cropland. It was
determined that this land use meets 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)).
15. The Division fmds that the activities proposed by the applicant would not affect the
continued existence of endangered or threatened species or result in the destruction or
adverse modification of their critical habitats (2.07.6(2)(n)).
16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of
September 5, 2003, Terror Creek Company, the operator, is current in the payment of
reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)).. ,,,
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