GENERAL41728

• Permit No: C1982056
• IBM Index Class Name: General Documents
• Doc Date: 12/15/1992
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR PR2
• From: Add Southwest Mining District
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

rock fall fence along the critical portions of the road where
potential rock fall due to subsidence was identified. fixhibit 7A of
the permit is the Stability Investigation of the Twentymile
Sandstone Cliff (2.07.6(2)(d)(iv));
h) Three hundred feet of an occupied dwelling unless a written waiver
from the owner has been provided. Three dwellings exist above the
area to be affected by mining and subsidence. Two of these
dwellings are owned by TCC. The third dwelling ie a mobile home and
TCC has an agreement with the owner which indicates no one will be
residing in the dwelling when it will be subsided. It is anticipated
that the mobile home will be moved from the site prior to
undermining. TCC will be required by the Division to provide a copy
of the agreement with the owner of the mobile home to satisfy the
requirement of a written waiver (2.07.6(2)(d)(v)).
On the basis of information obtained from the State Historic
Preservation Office and archeological and cultural resource surveys
submitted by the applicant 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. The operator has
committed to survey the affected area which has not been surveyed prior
to undermining as well as resolve Stipulation No. 33 which deals with
rock site SRT345 (2.07.6(2)(e)(i)).
Foidel Creek is an underground operation, therefore the documentation
required by Rule 2.03.6(2) is not required (2.07.6(2)(f)).
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 Twentymile Coal Company 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)) .
Twentymile Coal 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 irreparable 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 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) (i)) .
10. The Division has fixed the bond amount required for the Foidel Creek Mine
at $4,177,000.00. This bond must be received by the Division no later
than March 3, 1993. Final approval of the bond shall be required before
the permit will be issued.
The above 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)).
11. The Division has made a negative determination for the presence of prime
farmland within the permit area. The decision was based on the
publication "Important Farmlands Inventory of Colorado" IISDA, Soil
Conservation Service, Denver, Colorado, October 1982. It states that no
12