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2008-09-17_GENERAL DOCUMENTS - C1996084
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2008-09-17_GENERAL DOCUMENTS - C1996084
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Last modified
8/24/2016 3:36:18 PM
Creation date
9/17/2008 5:13:10 PM
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DRMS Permit Index
Permit No
C1996084
IBM Index Class Name
General Documents
Doc Date
9/17/2008
Doc Name
Proposed Decision & Findings of Compliance for RN2
Permit Index Doc Type
Findings
Email Name
KAG
Media Type
D
Archive
No
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duration, and with such resulting irreparable damage to the environment as to indicate <br />intent not to comply with the provisions of the Act. (2.07.6(2)(h)) <br />9. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area. (2.07.6(2)(1)) <br />10. The reclamation cost estimate was recalculated as required for this Permit Renewal <br />(RN-02). With the exception of 1.8 acre borrow area and 4.5 acres of sediment ponds, <br />the remaining disturbed area (149.3 acres) has achieved a Phase I bond release at a <br />minimum. The amount of bond required to complete the reclamation in accordance <br />with the approved plan has been determined to be $819,796.00. However, after <br />approval of industrial bond release SL-02, the required amount of bond to be held was <br />determined to be $916,169.00. This required amount of bond to be retained by the <br />Division meets exactly the 60% limitation of Rule 3.03.1(2)(a) and is the minimum <br />amount of bond the Division must retain before any further bond monies can be <br />released through the bond release process or by technical revision for any bond <br />reduction. <br />11. The Division has made a negative determination for the presence of prime farmland <br />within the permit area. The applicant has indicated that there are no soil map units <br />that have been designated by the National Resource Conservation Service (NRCS) <br />that have been designated as prime farmland. This complies with the requirement of <br />Rule 2.04.12(2)(f). <br />12. Based on information provided in the application the Division has determined that an <br />alluvial valley floor (AVF) exists within the permit or adjacent area. The alluvial valley <br />floor is known as the Purgatoire River AVF and will be affected by the coal loadout <br />located adjacent to the railroad. (2.07.6(2) and 2.06.8(3)(C)) <br />For additional specific findings concerning the Purgatoire River AVF please see <br />Section B, XVII. <br />The Division has made a negative determination for all other streams within the <br />permit area. Based on the information presented in Exhibit 18 of the permit <br />application, Lorencito, Cow, Alamosa, Chimney, Puertecito, Little Pine, and Jeff <br />Canyons are not alluvial valley floors. <br />Lorencito Canyon contains unconsolidated stream laid deposits of reasonable size. <br />Minimum depths to the water table range from 11-15 feet, while soil depths are 5-6 <br />feet. Results of vegetation sampling indicate warm season grassland communities <br />that are not dependent on subirrigation. Vegetative cover and production in these <br />areas is poor, and there is no evidence of past or present flood irrigation anywhere <br />along Lorencito Canyon. <br />The Cow Canyon valley floor covers approximately 187 acres within the permit <br />area. The sinuosity of the channel is low compared to other channels in the permit <br />13
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