Laserfiche WebLink
6. For this surface mining operation, private mineral estate has not been severed from private <br />surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not required <br />(2.o7.6(z)(fl). <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 MINREC, Inc. does not own <br />or control any operations which are currently in violation of any law, rule, or regulation of <br />the United States, or any State law, rule, or regulation, or any provision of the Surface <br />Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i)). <br />MINREC, Inc. 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(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit azea (2.07.6(2)(1)). <br />10. The Division has examined and is holding a Letter of Credit from the Central Bank of Grand <br />Junction, N.A. Number 12631, in the amount of $80,000.00. <br />The above bond amount reflects the Division s projection of reclamation costs for worst-case <br />disturbance until final bond release. On November 6, 1986, a Phase I release request was <br />submitted by the operator. Following an informal conference and an adjudicatory hearing, <br />the request was approved on March 20, 1987. The original bond was $110,000.00 and <br />$30,000.00 was released for backfill and grading work, and work completed at the truck <br />scale facility (2.07.6.(2)(j)). <br />11. The Division has made a negative determination for the presence of prime fam~land within <br />the pemut azea. The decision was based on a letter from the Delta Soil Conservation District <br />which states that no prime farmland mapping units aze found within the permit area <br />(2.07.6(2)(k)). <br />12. Based on information provided in the application the Division has detemuned that an alluvial <br />valley floor exists within the permit or adjacent area. The alluvial valley floor is known as <br />as the Hubbazd Creek Alluvial Valley Floor (2.07.6(2) and 2.06.8(3)(c)). <br />For additional specific findings concerning this alluvial valley floor please see Section B, <br />XVII. <br />12 <br />