Laserfiche WebLink
7. On the basis of evidence submitted by the permittee and received from other state and federal agencies as <br />a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal Mining <br />Reclamation Act; the Division finds that, based on information received from the Office of Surface <br />Mining Applicant Violator System, no operations owned or controlled by Snowcap Coal Company, Inc. <br />(SCC), or SCC's parent company, American Electric Power, are currently subject to state or federal <br />enforcement orders pertaining to environmental laws or regulations that would preclude issuance of a <br />permit renewal to SCC. This finding is confirmed for PR-4, by OSM, AVS System "Issue" <br />recommendations of August 23, 2007, and February 3, 2009 (2.07.6(2)(g)(i)). <br />8. Snowcap Coal Company does not control and has not controlled mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable <br />damage to the environment as to indicate an intent not to comply with the provisions of the Act <br />(2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed under this permit <br />will not be inconsistent with other such operations anticipated to be performed in areas adjacent to the <br />permit area (2.07.6(2)(i)). <br />10. The Division's most recent cost estimate was performed in conjunction with the Permit Renewal No. 5 <br />review. As part of RN-5 review and approval, the Division examined and accepted Corporate Surety <br />Bond No. and the most recent rider dated October 18, 2007, in the amount of <br />$2,233,045.00. The liability amount calculated is $2,233,045.00, which is the bond amount currently <br />held (2.07.6(2)0)). Although the alternative land use reclamation plan proposed for approval with PR-4 <br />would lower the reclamation liability amount, (due to reduced earthwork and facilities demolition), the <br />liability calculated for the wildlife habitat postmining land use reclamation plan has been retained, in the <br />event that the alternative postmining land use is not implemented. <br />11. The Division has made a negative determination for the presence of prime farmland within the permit <br />area. The decision was based on information from the Natural Resources Conservation Service and the <br />permit application, Volume 2, Tab 9. No land within the permit area is irrigated on a regular basis. <br />Average annual precipitation is about nine inches, and much of the land slope exceeds ten percent. The <br />Mesa County Soil Conservation Service survey shows no soil mapping units designated as potential <br />prime farmlands. Pursuant to Rule 2.07.6(2)(k), the Division finds the proposed operation in compliance <br />with the requirements of Prime Farmland. <br />12. Based on information provided in the application, the Division has determined that two alluvial valley <br />floors exist within the permit or adjacent area. The alluvial valley floors are on the Colorado River and <br />Rapid Creek. The Colorado River has been affected by the facilities area, unit train loadout, and <br />the conveyor. Mining occurred beneath Rapid Creek. Two hundred to five hundred-foot-wide <br />protective pillars were left intact beneath Rapid Creek to mitigate potential impacts. Surface water flow <br />monitoring and monitoring of alluvial water levels is conducted upstream and downstream from mining <br />activity on Rapid Creek. Alluvial water level and quality is also monitored in the Colorado River <br />alluvium, in the vicinity of the Unit Train Loadout. The Division finds that the applicant has satisfied all <br />applicable requirements of 2.06.8 (2.07.6(2)(k). <br />For additional specific findings concerning alluvial valley floors, please see Section B.XHI. <br />Permit Revision No. 4 16 February 3, 2009