GENERAL36693

• Permit No: C1980001
• IBM Index Class Name: General Documents
• Doc Date: 7/28/1992
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN2
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

5. On the basis of information submitted by Pittsburg & Midway in the form
of resource survey data, the Division finds that subject to valid
existing rights as of August 3, 1977, the mining operation will not
adversely affect any publicly owned park or place listed on or eligible
for listing in the National Register of Historic Places as determined
by the State Historic Preservation Office (2.07.6(2>(e>(i)).
6. For this surface mining operation private mineral estate has been
severed from private surface estate; therefore, the documentation
specified by Rule 2.03.6(2) has been provided and has been incorporated
in the permit application, Exhibit 3.7-1 (2.07.6(2)(f)).
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 Pittsburg & Midway 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)(i)).
8. Pittsburg & Midway 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 irreparable damage to
the environment as to indicate an intent not to comply with the
provisions of the Act (2.07.6(2)(h)).
9. The Division finds 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 area (2.07.6(2)(1)).
10. The Division currently holds a $7,171,716.00 reclamation performance
bond for the Edna Strip Mine. The current reclamation liability for
the operation is $7,171,716.00.00. Reclamation liability for
disturbance in the West Ridge and Moffat Areas is $7,121,196.00.
Remaining liability for the South of Shop slide area is 550,520.00.
The South of Shop area was reincorporated into the permit boundary in
1988, following a failure on previously released lands in 1984.
Liability for the maximum disturbance during this five-year permit term
has been estimated at $6,478,328.00, but the Division will retain
$7,171,716.00 unless an application for bond reduction is submitted to
and approved of by the Division.
Two bond release requests at the Edna Mine have been approved. On
April 27, 1984, the Division released $1,622,000.00 for work completed
in the Center Ridge Area. The Division retained $20,000.00 of the
original $1,642,000.00 bond amount for future rill and gully
stabilization. On August 13, 1990, the Division approved the release
of the remaining $20,000.00, since the area had remained stable with
minimal erosion. No other areas within the current permit boundary
have been released from liability (2.07.6(2>(j)).
_iG_