GENERAL39473

• Permit No: C1981034
• IBM Index Class Name: General Documents
• Doc Date: 3/19/1998
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN3
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

. MINREC, Inc. does not control and has not controlled mining operations with
a demonstrated pattern of willful violations Hof 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 has examined and is holding a Certificate of Deposit No. 11120,
from the Bank of Colorado, of Grand Junction, in the amount of $74,000.00.
This bond has received final approval.
The above bond amount exceeds the Division's projection of reclamation costs
for worst-case disturbance until final bond release. The bond amount
reflects a 100 percent bond release from reclamation work completed by the
operator at the Delta loadout and a Phase I release for the mine site, which
released 60 percent of the total bond. The loadout release was approved in
June 1987, and Phase I release was approved October 1989 (2.07.6.(2)(j)).
11. The Division has made a negative determination for the presence of prime
farmland within the permit area. The decision was based on information
provided by the applicant which documents that the area proposed to be
disturbed by surface operations has not historically been used as cropland;
contains slopes of greater than ten percent (10~); is not irrigated and
receives less than 14 inches of annual precipitation demonstrating that no
prime farmland mapping units are found within the permit area
(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 area. The
areas designated as Qaf, Qtl, Qt2 and Qt3 along the Ward Creek and Williams
Creek valleys, as shown on Map 7 of Appendix 8, are alluvial valley floors
due to flood irrigability. Due to their location in relationship to the
portal area, they will not be affected by the Red Canyon Mine (2.07.6(2)(x)
and 2.06.8(3)(C)).
For additional specific findings concerning this alluvial valley floor,
please see Section B, XVII.
13. The Division hereby approves the post-mining land use of wildlife habitat.
Zt was determined that this land use meets the requirements of Rule 4.16 for
the permit area (2.07.6(2)(1)).
14. Specific approvals have been granted or are proposed. These approvals are
addressed in the following section, Section B (2.07.6(2)(m)).
15. The Division finds 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)).
11