GENERAL51080

• Permit No: C1981035
• IBM Index Class Name: General Documents
• Doc Name: MINE PLAN RECOMMENDATION PACKAGE
• From: OSM & BLM
• Permit Index Doc Type: Other Permits
• Media Type: D
• Archive: No

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7. The applicant has submitted proof showing that prior violations of
applicable law and regulations have been corrected (See MPR Section 2.03.5)
12.07.6(2)(8), 786.19(8)].
8. The applicant has paid all fees for the Abandoned Mine Reclamation
Fund. (Verbal communications with Ann Yelton, OSM fee compliance officer, in
Albuquerque on February 1, 1982 by IiLRD). [2.07.6(2)(0), 786.19(h)]. ,
9. The applicant does not control and has not controlled mining opera-
tions with a demonstrated pattern of willful violations of the Act of such
nature, duration, and with such resulting irreparable damage to the environ-
ment as to indicate an intent not to comply with the provisions of the Act
(See TA) [2.07.6(2)(h), 786.19(1)].
10. Surface coal mining and reclamation operations to be performed under
•the permit will not be inconsistent with other such operations anticipated to
be performed in areas adjacent to the proposed permit area (See TA and BLM
letter [2.07.6(2)(3), 786.19(j)].
11. The analysis shows that the bond amount will be adequate. The ap-
plicant is required to submit the performance bond required under the Act, the
approved State program, and the Federal Lands Program prior to permit issu-
ance. The bond would be made payable to both the United States and the State
of Colorado in the amount of $100,000.00 (See TA)[2.07.6(2)(j), 786.19(k) and
742.12(b)].
® 12. The applicant has obtained a negative declaration with respect to
prime farmlands (see TA) [2.07.6(2)(k), 786.19(1)].
13. Hay Gulch is considered to be an alluvial valley floor. No material
damage to the quality or quantity of water will occur; coal mining will not
interrupt, discontinue or preclude farming of the AVF and the operation will
preserve the hydrologic function. (See TA)[2.07.6(2)(k), 786.19(1)].
14. The proposed postmining land use (livestock grazing and wildlife hab-
itat) of the permit area has been approved by the Colorado MLRD, OSM, and BLit
(See TA)[2.07.6(2)(1), 786.19(m)].
15. The Colorado Mined Land Reclamation Division and OSM have made all
specific approvals required by the Act, the approved Colorado State Program
and the Federal Lands Program (See State recommendation letter and 0511's
Summary of Findings)[2.07.6(2)(m), 786.19(n)].
16. The proposed operation will not affect the continued existence of
endangered and threatened species or result in the destruction or adverse
modification of their critical habitats. (See Fish and Wildlife letter)
[2.07.6(2)(n), 786.19(0)].
17. All procedures for public participation required by the Act, the ap-
proved Colorado State program, the Federal Lands Program, and Council on Envi-
ronmental Quality regulations (40 CFR Part 1500 et seq.) have been complied
with (See Chronology of Events) (741.21(a)(2)(li)).