2008-07-25_GENERAL DOCUMENTS - C1981010 ‎(2)‎

• Permit No: C1981010
• IBM Index Class Name: General Documents
• Doc Date: 7/25/2008
• Doc Name: Proposed Decision & Findings of Compliance for RN5
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

Surface Coal Mining Reclamation Act; the Division finds that, based on information
received from the Office of Surface Mining Applicant Violator System; Trapper Mining Inc.
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)).
On 17 August 2007 and again on 25 July 2008, the Division queried the Office of Surface
Mining Applicant Violator System. The system recommendation for the proposed
application was "issue."
8. Trapper Mining Inc. 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 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 currently holds bond in the amount of $18,500,000.00 in the form of a
corporate surety. For this Permit Renewal (RN-05), the required bond amount is determined
to be $19,889,770.00.
The above bond amount reflects the Division's projection of reclamation costs for worst-case
disturbance which will occur during the proposed permit term. Applicant must submit an
additional $1,389,770.00 of performance bond prior to issuance of a renewed permit
(2.07.6.(2)(j))•
11. The Division has made a negative determination for the presence of prime farmland within
the permit area. The decision was based on a pre-application investigation of the soils found
within the proposed permit area. Pursuant to 2.04.12(2) criteria, the applicant has provided
information which demonstrates that lands within the permit area, which could be used as
cropland, are not irrigated or naturally sub-irrigated, have no dependable water supply of
adequate quality, and receive less than 14 inches of annual precipitation. Therefore, the
Division hereby renders a negative determination for the presence of prime farmland within
the permit area. (2.07.6(2)(k)).
12. Based on information provided in the application the Division has determined that two
alluvial valley floors (AVFs) exist near the permit area, the Yampa River AVF and the
Williams Fork River AVE The Division finds that the proposed surface coal mining
operation will not affect either AVE
For additional specific findings concerning these AVFs please refer to Section B, XVII.
Trapper Mine 19 July 25, 2008