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(SCC), or SCC's parent company, American Electric Power, are curtertly subject to state or federal <br />enforcement orders pertaining to environmental laws or regulations thatl,would preclude issuance of a <br />permit renewal to'i SCC. This finding is confirmed for PR-3, by OSM, AVS System "Issue" <br />recommendations of September 8, 2006, and July 17 2007 (2.07.6(2)(g)iji). <br />I, <br />8. Snowcap Coal Company does not control and has not controlled mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and ~ith such resulting irreparable <br />damage to the environment as to indicate an intent not to comply with the provisions of the Act <br />(2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to lie performed under this permit <br />will not be inconsistent with other such operations anticipated to be perfumed in areas adjacent to the <br />permit area (2.07.6(2)(1)). <br />I0. The Division has a amined and is holding Corporate Surety Bond No. in the amount of <br />$2,049,361.00. The Division's most recent cost estimate was performed,in conjunction with the 2005 <br />mid-term permit review and subsequent TR-46, approved December l3 2005. The liability amount <br />calculated is $2,049,361.00, which is the bond amount curcently held (2.07.6(2)(j)). Although the <br />alternative land use reclamation plan proposed in PR-3 would lower the,~reclamation liability amount, <br />(due to reduced earthwork and facilities demolition), the liability calculated for the wildlife habitat <br />postmining land use reclamation plan will be retained, in the event that the alternative postmining land <br />use is not implemented. <br />i <br />1 1. The Division has made a negative determination for the presence of prime farmland within the permit <br />azea. The decision was based on information from the Soil Conservation Service and the permit <br />application, Volume 2, Tab 9. No land within the permit azea is ircigated. Average annual precipitation <br />is about nine inches, and much of the land slope exceeds ten percent. The Mesa County Soil <br />Conservation Service survey shows no soil mapping units designated tus potential prime farmlands. <br />Pursuant to Rule 2.07.6(2)(k), the Division finds the proposed operation in compliance with the <br />requirements of Prime Farmland. <br />12. Based on information provided in the application, the Division has determined that two alluvial valley <br />floors exist within the permit or adjacent azea. The alluvial valley floors are on the Colorado River and <br />Rapid Creek. The Colorado River has been affected by the facilities area, unit train loadout, and <br />the conveyor. Mining will occur beneath Rapid Creek. Two hundrtid to five hundred-foot-wide <br />protective pillars will be left intact beneath Rapid Creek to mitigate potehtial impacts. Surface water <br />flow monitoring and monitoring of alluvial water levels will occur upstream and downstream from <br />mining activity on Rapid Creek. Alluvial water level and quality is also miinitored in the Colorado River <br />alluvium, in the vicinity of the Unit Train Loadout. The Division finds that the applicant has satisfied all <br />applicable requirements of 2.06.8 (2.07.6(2)(k). <br />For additional specific findings concerning alluvial valley floors, please see Section B.XIII. <br />13. The Division hereby approves the post-mining land uses of the operation. It was determined that "fish <br />and wildlife habitat" i meets the requirements of Rule 4.16 for disturbed lands within the major portion of <br />the permit area. In addition, based on demonstrations included in the PIZ-3 application, the Division <br />finds that an alternative "Industrial or Commercial" use meets the requirements of Rule 4.16.3, for a <br />designated portion o,f the South Portals facilities area, including the top of the RSRDA waste disposal <br />area (2.07.6(2)(1)). <br />Permit Revision No. 3 ~ ~' Perrni[ No. C-1981-041 <br />July 30, 2007 Page I S <br />