2000-02-10_GENERAL DOCUMENTS - C1981041

• Permit No: C1981041
• IBM Index Class Name: General Documents
• Doc Date: 2/10/2000
• Doc Name: Proposed Decision and Findings of Compliance for RN3
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

monitoring and monitoring of alluvial water levels will occur upstream and downstream from mining
activity on Rapid Creek. Alluvial water level and quality is also monitored in the Colorado River
alluvium, in the vicinity of the Unit Train Loadout.
For additional specific findings conceming this alluvial valley floor please see Section C.XI.
13. The Division hereby approves the post-mining land use of the operation. It was determined that "fish
and wildlife habitat" meets the requirements of Rule 4.16 for disturbed lands within the permit area
(2.07.6(2)(1)).
14. Specific approvals have been granted or are proposed. These approvals are addressed in Section B
(2.07.6(2)(m)).
15. The Division finds that the activities proposed by the permittee would not affect the continued existence
of endangered or threatened species or result in the destruction or adverse modification of their critical
habitats, based on information contained in Tabs 10 and I I of the permit application, and consultation
with the Colorado Division of Wildlife and the U.S. Fish and Wildlife Service, most recently during the
RN-03 review(2.07.6(2)(n)).
16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of February
9,2000, Powderhom Coal Company,the operator, is current in the payment of reclamation fees required
by 30 CFR Chapter VII, subchapter R. (2.07.6(2)(0)). A "conditional issue" decision, has been
recommended by the Office of Surface Mining, Applicant Violator System (based on a number of
Virginia and West Virginia violations under settlement but not resolved as of February 9,2000).
SECTION B
The following findings and specific approvals are required by Rule 4:
I. Roads- Rule 4.03
Information on roads is presented in Section 2.05.3, in Tab-13 of the permit application.
There are six haul roads four access roads and five light-use roads within the permit area. A number
6h
of the road designations were revised by PR-02 to reflect regulatory changes, which had been
implemented since the previous permit renewal. The road designs were checked for compliance with
the design standards of 4.03. All the roads meet the design criteria for grade and surfacing. All were
found to be in compliance. Two pipe arches which convey runoff flow in coal creek beneath the
access road at the Roadside North Portal have an end area of greater than 35 square feet; therefore,
to be in compliance with Rule 4.03.1(4)(e)(i), they must pass the 20-year, 24-hour peak flow. The
permittee installed inlet transitions in order to pass the event.
Three dip-sections were installed along coal creek during construction of Haul Roads 2, 3 and 4. The
two upper dip-sections have six 36-inch CMP culverts laid side by side and incased in concrete. In
the concrete,they have an end area greater than 35 square feet, therefore,they must pass the 20-year,
24-hour peak flow to be in compliance with Rule 4.03.1(4)(e)(i). The lower dip section is only
required to pass the 10-year, 24-hour peak flow to be in compliance with Rule 4.03.1(4)(e)(i).
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