GENERAL54180

• Permit No: C1981022
• IBM Index Class Name: General Documents
• Doc Date: 9/10/1993
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN2
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

. On the basis of information submitted by Somerset Mining Company in the
form of two separate studies, one conducted by Centuries Research, Inc.
and one by Grand River Institute, and a letter from the Colorado State
Historic Preservation Officer, the Division finds that subject to valid
existing rights as of August 3, 1977, the mining operation will not
adversely affect any publicly owned park or place listed on or eligible
for listing in the National Register of Historic Places as determined by
the State Historic Preservation Office (2.07.6(2)(e)(i)).
6. For this surface mining operation, private mineral estate has not been
severed from private surface estate; therefore, the documentation
specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)).
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 Somerset Mining Company 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)(g)(i)).
8. Somerset Mining Company 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 holds an approved bond in the form of a Letter of
Credit in the amount of $575,000.00, a $96,000.00 Certificate of Deposit,
a $6,000.00 Certificate of Deposit, a $37,000 Letter of Credit, and a
$349,006.50 U.S. Treasury Note, bringing the total bond amount to
$1,063,006.50 The current bond liability estimate for the Somerset Mine
and Sanborn East Tract has been calculated at $1,058,303.00 (see
Technical Revision No. 13 file).
The above total bond amount reflects the Division's projection of
reclamation costs for maximum disturbance which will occur during the
proposed permit term.
11. The Division has made a negative determination for the presence of prime
farmland within the permit area. The decision was based on a letter from
the USDA Soil Conservation Service that demonstrates that no prime
farmland mapping units are found within the permit area (2.07.6(2)(k)).
12. The Division has made a negative determination for the existence of
alluvial valley floors within the permit area. This determination is
based on information provided by the applicant which demonstrates that
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