2007-11-16_REVISION - C1981041 (6)

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7. On the basis of evidence submitted by the permittee 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, based on information received from the Office of Surface Mining Applicant Violator System, no operations owned or controlled by Snowcap Coal Company, Inc. (SCC), or SCC's parent company, American Electric Power, are currently subject to state or federal enforcement orders pertaining to environmental laws or regulations that would preclude issuance of a permit renewal to SCC. This finding is confirmed for RN-5, by OSM, AVS System "Issue" recommendations of September 18, 2007, and November 16, 2007 (2.07.6(2)(g)(i)). Snowcap Coal 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)(i)). 10. The Division has examined and accepted Corporate Surety Bond No. 014-018-026 and the most recent rider dated October 18, 2007, in the amount of $2,233,045.00. The Division's most recent cost estimate was performed in conjunction with the RN-5 review. The liability amount calculated is $2,233,045.00, which is the bond amount currently held (2.07.6(2)(j)). Although the alternative land use reclamation plan previously approved in PR-3 would lower the reclamation liability amount, (due to reduced earthwork and facilities demolition), the liability calculated for the wildlife habitat postmining land use reclamation plan has been retained, in the event that the alternative postmining land use is not implemented. 11. The Division has made a negative determination for the presence of prime farmland within the permit area. The decision was based on information from the Natural Resources Conservation Service and the permit application, Volume 2, Tab 9. No land within the permit area is irrigated on a regular basis. Average annual precipitation is about nine inches, and much of the land slope exceeds ten percent. The Mesa County Soil Conservation Service survey shows no soil mapping units designated as potential prime farmlands. Pursuant to Rule 2.07.6(2)(k), the Division finds the proposed operation in compliance with the requirements of Prime Farmland. 12. Based on information provided in the application, the Division has determined that two alluvial valley floors exist within the permit or adjacent area. The alluvial valley floors are on the Colorado River and Rapid Creek. The Colorado River has been affected by the facilities area, unit train loadout, and the conveyor. Mining occurred beneath Rapid Creek. Two hundred to five hundred-foot-wide protective pillars were left intact beneath Rapid Creek to mitigate potential impacts. Surface water flow monitoring and monitoring of alluvial water levels is conducted 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. The Division finds that the applicant has satisfied all applicable requirements of 2.06.8 (2.07.6(2)(k). For additional specific findings concerning alluvial valley floors, please see Section B.XIII. Permit Renewal No. 5 18 November 16, 2007