GENERAL46787

• Permit No: C1983059
• IBM Index Class Name: General Documents
• Doc Date: 8/15/1988
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN1
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

6. For this operation, private mineral estate has not been severed from
private surface estate, therefore, the documentation specified by Rule
2.03.6(2) is not required. (2.07.6 (2)(f)).
7. 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 Terror Creek 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 aqy provision of the Surface Mining Control and
Reclamation Act or the Colorado Surface Coal Mining Reclamation Act.
(2.07.6 (2) (g) (i )) .
8. Terror Creek Campar~y 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 comp]y 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 the existing corporate surety bond in the
amount of E96,550.95. This bond has received final approval. 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
farm land within the permit area. The decision was based on mapping and
conversations with personnel at the U.S. Soil Conservation Service that
demonstrates that no prime farmland mapping units are found within the
permit area. See page 2.04-18, Map 3, and Exhibit 6 of the permit
application. (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 or
affected area. The alluvial valley floor is known as the North Fork of
the Gunnison River. (2.07.6 (2)(K) and 2.06.8(3)(C)).
For additional specific findings concerning this alluvial valley floor,
please see Section B, YI.
13. The Division hereby approves the post-mining land use of the operation.
It was determined that cropland (irrigated hdy) meets the requirements of
Rule 4.16 for the permit area. Aland use map is provided as Map No. 4
of the permit application. Pre~nining land uses are discussed on pages
2.04-2 through 2.04-4. Post-mining land use is discussed on page 2.05-10
and 2.05-15 of the application. (2.07.6(2)(1)).
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