GENERAL50688

• Permit No: C1981019
• IBM Index Class Name: General Documents
• Doc Date: 10/21/2002
• Doc Name: Proposed Decision & Findings of Compliance for RN4
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

mining operation will not adversely affect any publicly owned park or glace listed on or eligible
for listing in the National Register of Historic Places as determined by the State Historic
Preservation Office [incompliance with Rule 2.07.6(2)(e)())].
8. Mineral and Surface Estates. Private mineral estate has, in part, keen severed from private
surface estate. Colowyo owns all private lands to be affected within the Pemut azea.
Documentation in the Permit verifying this is in the form of copies of property deeds [Rule
2.03.6(2)].
D. ApplicanWiolator System. 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 fmds that neitlter
Colowyo, nor any person who owns or controls Colowyo, nor any surface coal mining and
reclamation operation owned by Colowyo, 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 [in compliance with Rule 2.07.6(2)(g)())].
E. Willful Violations. Colowyo, and all persons who own or control Colowyo, do.not control and
have 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 intentnot to :comply ~xith the provisions of.the Act [in compliance with Rule
2.07.6(2)(h)].
F. Inconsistent Operations The Ilivisioa fmds that surface coal raining and reela{aatioa
operations to be performed under this permitwill- not be inconsistent with other such operations
anticipated to be performed in areas adjacent to the permit azea [in compliance with Rule
2.07.6(2)(nl•
G. Perforrrranee Bond. Colowyo proposed, and the Division accepted, to submit a performance
bond incrementally in accordance with the disturbance_ Detailed reclamation cost estimates and
liability information can be found in Volume 4, Exhibit 13 of the Pernut. A review of Division
files indicates that the Division currently holds surety bond for activity within the Permit azea in
the amount of $16,000,000_ [in compliance with Rule.207~(2)(j)}..The required bond amount is
$14;102,823.
H. Prime Farmland & Alluvial Valley Floors. The Division has made a negative determination
for the presence of prime farmland within the pemut azea. The decision was based on a letter
from the Soil Conservation Service that demonstrated that no prime farmland mapping units are
found within the permit area. This letter is dated December 18, 1980 and can be found in Exhibit
9 of the Permit [in compliance with Rule 2.07.6(2)(k)].
Based on information provided in the Permit, the Division has determined that alluvial valley
floors exist within the permit or adjacent azeas. These alluvial valley floors are known as
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