Laserfiche WebLink
Reclamation Act; the Division finds that, based on information received from the Office of Surface <br />Mining Applicant Violator System, no operations owned or controlled by Snowcap Coal Company, Inc. <br />(SCC), or SCC's parent company, American Electric Power, are currently subject to state or federal <br />enforcement orders pertaining to environmental laws or regulations that would preclude issuance of a <br />permit renewal to SCC. This finding is confirmed by OSM, AVS System "Issue" recommendations of <br />July 16, 2002, and August 26, 2003. (2.07.6(2)(g)(i). <br />8. Snowcap Coal Company 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 resu]ting irrepazable <br />damage to the environment as to indicate an intent not to comply with the provisions of the Act <br />(2.07.6(2)(h)). <br />9. The Division fmds that surface coal mining and reclamation operations to be performed under this permit <br />will not be inconsistent with other such operations anticipated to be performed in azeas adjacent to the <br />permit azea (2.07.6(2)(1)). <br />10. The Division has examined and is holding Corporate Surety Bond No. in the amount of <br />$3,264,149.00. The Division's most recent cost estimate was performed in conjunction with Phase 1 <br />Bond Release SL-02, for which a proposed approval decision was issued August 14, 2003. The liability <br />amount calculated is $1,797,639.00, which is significantly less than the bond amount currently held <br />(2.07.6(2)(j)). <br />11. The Division has made a negative determination for the presence of prime farmland within the permit <br />azea. The decision was based on information from the Soil Conservation Service and the permit <br />application, Volume 2, Tab 9. Noland within the permit azea is irrigated. Average annual precipitation <br />is about nine inches, and much of the land slope exceeds ten percent. The Mesa County Soil <br />Conservation Service survey shows no soil mapping units designated as potential prime farmlands. <br />Pursuant to Rule 2.07.6(2)(k), the Division finds the proposed operation in compliance with the <br />requirements of Prime Farmland. <br />12. Based on information provided in the application, the Division has determined that two alluvia] valley <br />floors exist within the permit or adjacent azea. The alluvial valley floors aze on the Colorado River and <br />Rapid Creek. The Colorado River has been affected by the facilities area, unit train loadout, and <br />the conveyor. Mining will occur beneath Rapid Creek. Two hundred to five hundred-foot-wide <br />protective pillazs will be left intact beneath Rapid Creek to mitigate potential impacts. Surface water <br />flow monitoring and monitoring of alluvial water levels will occur upstream and downstream from <br />mining activity on Rapid Creek. Alluvial water level and quality is also monitored in the Colorado River <br />alluvium, in the vicinity of the Unit Train Loadout. The Division finds that the applicant has satisfied all <br />applicable requirements of 2.06.8 (2.07.6(2)(k). <br />For additional specific findings concerning alluvial valley floors, please see Section C.XI. <br />13. The Division hereby approves the post-mining land use of the operation. It was detemuned that "fish and <br />wildlife habitat" meets the requirements of Rule 4.16 for disturbed lands within the pernut azea <br />(2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals aze addressed in Section B <br />(2.07.6(2)(m)). <br />20 <br />