Laserfiche WebLink
1 <br />regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i)). <br />8. Colowyo Coal Company does not control and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act <br />of such nature, duration, and with such resulting irreparable damage to <br />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 <br />be performed under this permit will not be inconsistent with other such <br />operations anticipated to be performed in areas adjacent to the permit <br />area (2.07.6(2>(i>>. <br />10. Detailed reclamation cost estimates and liability information can be <br />found in Volume 4, Exhibit 13 of the permit application. <br />At the time of issuance of the first permanent regulatory program permit, <br />the reclamation liability of the Colowyo Mine was estimated at <br />$4,311,643.00. At the midterm review of that permit term, the <br />reclamation costs estimate was elevated to $5,131,227.00. On <br />November 2, 1987, the Division approved Phase I and Phase II bond release <br />for reclaimed pit areas and the Streeter Fill area, respectively. A <br />total of $857,342.00 was released. At that time, the Division determined <br />that $221,363.00 would be retained under TR 14 for ongoing liability of <br />those areas. In 1989, the Section 11 mining area was incorporated, <br />setting the required performance bond at $8,128,597.00. Subsequent <br />technical revisions have increased liability to $8,328,224.00. <br />Total liability for the 1992-1997 permit term is $17,751,315.00. The <br />amount of $13,412,702.00 is attributable to the East Pit, Section 16 Pits <br />and facilities disturbances; $4,117,250.00 of this amount is attributable <br />to the West Pit :Wining area. An additional amount, 5221,363.00 is for <br />monies retained from Phase I and Phase II released areas released prior <br />to PR-O1. <br />A review of Division files indicates that the Division currently holds a <br />surety bond (No. 465203806CA) in the amount of $8,747,405.00. An <br />additional $8,800.00 bond (No. 564F506-A) is held for liabilities <br />associated with exploration within the permit boundary. <br />The operator proposes to submit the performance bond associated with this <br />permit term incrementally in accordance with disturbance. The Division <br />will require a performance bond for all mining areas, excluding the West <br />Pit, prior to final approval of the permit revision and second permit <br />renewal application. Therefore, this decision will not become final <br />until the Division has received and approved an additional $4,886,660.00 <br />performance bond from Colowyo Coal Company. The actual bond must be <br />submitted within five days after the public comment period ends. Final <br />approval of the bond shall be required before the permit will be issued. <br />-13- <br />