Laserfiche WebLink
4. OSM's issuance of a permit and the Secretarial decision on the Mineral <br />Leasing Act plan are in compliance with the National Historic <br />Preservation Act and implementing regulations (36 CFR 800). [Rule <br />2.07.6(2)(e)(i); TA, page 11; State Historic Preservation Officer <br />concurrence letter] <br />5. The applicant has the legal right to enter and begin surface mining <br />activities in the permit area. [Rule 2.07.6(2)(f); MRP page I-30 and <br />page 10 of CMLRD's Decision Document; 786.19(f)] <br />6. The applicant has submitted proof and OSM's records indicate that prior <br />violations of applicable law and regulations have been corrected. [Rule <br />2.07.6(2)(a); MRP page I-62); personal communication with Jeff Zingo, <br />OSM Reclamation Specialist, in OSP1 New Mexico Field Office on September <br />17, 1982; 786.19C8)1 <br />7. OSM's records confirm that all fees for the Abandoned Mine Reclamation <br />Fund have been paid. [Rule 2.07.6(2)(0); personal communication with <br />John Sender, OSM Fee Compliance Officer, in OSM New Mexico Field Office <br />on September 17, 1982; 786.19(h)] <br />8. OSM records show that the applicant does not control and has not <br />controlled mining operations with a demonstrated pattern of willful <br />violations of the Act of such nature, duration, and with such resulting <br />irreparable damage to the environment as to indicate an intent not to <br />comply with the provisions of the Act. [Rule 2.07.6(2)(h); personal <br />• communication with Jeff Zingo, OSM Reclamation Specialist, in OSM New <br />Mexico Field Office on September 17, 1982; 786.19(1)] <br />9. Surface coal mining and reclamation operations to be performed under the <br />permit will not be inconsistent with any anticipeited surface mine in the <br />immediate vicinity of the Trapper mine. Empire Energy Corporation <br />currently operates an underground coal mining opeeration to the west of <br />the Trapper Mine, which would preclude the establishment of an adjacent <br />surface coal mining operation to the west of Trapper Mine. (Rule <br />2.07.6(2)(1); CMLRD's findings, page 58; 786.19(j)] <br />10. The analyses completed by Colorado Mined Land Reclamation Division and <br />OSM show that the bond amount will be adequate. The applicant must post <br />the performance bond required under the Act, the approved State program, <br />and the Federal Lands Program prior to permit issuance. The bond must <br />be made payable to both the United States and the: State of Colorado in <br />the amount of $5,250,000.00. [Rule 2.Oi.6(2)(j) and 3.02.1(1); page 56 <br />of CMLRD's Decision Document and the amendment to the Decision Document; <br />786.19(k)] <br />11. The applicant has provided evidence and the C`lI.R]) has found there are no <br />prime farmlands in the permit area and area for .Life of mine. (Rule <br />2.07.6(2)(k); letter of negative determination from Soil Conservation <br />Service; pages 2-344, MRP; 786.19(e)] <br />• <br />