GENERAL49777

• Permit No: C1981023
• IBM Index Class Name: General Documents
• Doc Date: 3/31/1993
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN2
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

application. On the Federal lease Area the surface is managed by the
U.S. Forest Service, and the coal has been leased by the U.S. Bureau of
Land Management. This lease, Federal Coal Lease No. C-34886, is also
included in Exhibit 1.
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 Kaiser Steel Resources, Inc. .
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)(9)(1)).
8. Kaiser Steel Resources, Inc. 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)).
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 currently has in its possession a Letter of Credit in the
amount of $320,000.00. This bond amount exceeds the Division's
projection of reclamation costs for the remaining reclamation work to be
accomplished during the proposed permit term. It also reflects
60 percent bond release from reclamation work completed by the operator
for the entire area of the mine. This release was approved by the
Division during previous permit terms (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 a study by
the Soil Conservation Service that demonstrates that no prime farmland
mapping units are found within the permit area (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
adjacent area. The alluvial valley floor is known as Stollsteimer Creek
AVF and was affected by surface mining operations (2.07.6(2)) and
2.06.8(3)(C)).
For additional specific findings concerning this alluvial valley floor,
please see Section B, IX.
13. The Division hereby approves the post-mining land use of the operation.
It was determined that the areas of rangeland, pastureland, and wildlife
habitat meet the requirements of Rule 4.16 for the permit area
(2.07.6(2)(1)).
14. Specific approvals have been granted. These approvals are addressed in
the following section, Section B (2.07.6(2)(m>).
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