Laserfiche WebLink
Robert and Elizabeth Weaver do not own or control any operations that are <br />currently violating any law, rule, or regulation of the United States, or any State law, <br />rule, or regulation, or any provision of the Surface Mining Control and Reclamation <br />Act or the Colorado Surface Coal Mining Reclamation Act. (2.07.6(2)(g)(i)). <br />8. Robert and Elizabeth Weaver do not control and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparable damage to the environment as to show <br />an intent not to comply with the provisions of the Act. (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be <br />performed under this permit will not be inconsistent with other operations <br />anticipated to be performed in areas adjacent to the permit area. The O.C. Mine No. <br />is the only mine in the vicinity of Gunnison, Colorado.l Also, the mine is completely <br />surrounded by land used for grazing and wildlife habitat. (2.07.6(2)(1)). <br />10. During the fast permit term a reclamation cost of $34,600.00 was calculated by the <br />Division as the amount necessary to reclaim the site in the event the Division <br />became responsible for completing the reclamation. During the second permitting <br />term the performance bond was increased to $36,000. The Division approved the <br />_.. .. -_ _... existing bond February 13, 1990, in the form of Irrevocable Letter of Credit in the <br />amount of $36,000.00. The Division's performance bonding calculations can be found <br />in the Division's public file. The bond amount reflects the Division's projection of <br />reclamation costs for worst-case disturbance that will occur during the proposed <br />permit term (2.07.6.(2)(j)). A detailed bond calculation is being performed, <br />pursuant to Rule 3.02.2(4), and the operator will be notified if an increase is <br />required. <br />11. The Division has made a negative determination for the presence of prime farmland <br />within the permit area. The decision was based on information provided by the Soil <br />Conservation Service and in the original permit application presented in Exhibit 4. <br />(2.07.6(2)(k)). <br />12. Based on information provided in the application the Division has determined that <br />an alluvial valley floor exists in an adjacent area. The alluvial valley floor is known <br />as the Ohio Creek alluvial valley floor and is 2 miles southwest of the mine. <br />(2.07.6(2) and 2.06.8(3)(C)). <br />For specific findings concerning this alluvial valley floor please see the alluvial valley <br />floor portion of Section B under <br />13. The pre-mining land use at the O.C. Mine No. 2 site was grazing and wildlife habitat. <br />The adjacent land use is also grazing and wildlife habitat, as shown on page 156 of <br />O.C. Mine No.2 Findings 20 May 15, 1992 <br />