2009-06-22_GENERAL DOCUMENTS - C1981033 (2)

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contracted with Atlantic Richfield Company to remove coal from parts of leases C-0117192 and D-044569 and an ARCO fee coal area in the SE/4 SE/4 of Section 18. Bear Coal contracted with Anchor Coal Company to remove coal from federal lease D-052501. 7. On the basis of evidence submitted by the applicant 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 Bear Coal Company 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)). Bear 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 currently holds a total bond amount of $279,224.00 for the Bear No 3 Mine. The bond is in the form of two certificates of deposit and one cash bond. The first CD is for $100,000.00 from Wells Fargo Bank West N.A. The second CD is for $60,000.00 from the First Colorado National Bank. The cash bond is for $119,224.00 from the First Colorado National Bank. The reclamation cost estimate has been reviewed pursuant to Rule 3.02.2(4) to determine whether the above total bond amount held by the Division reflects the Division's estimate of the reclamation costs for worst-case disturbance which will occur during the proposed permit term (2.07.6.(2)(j)). The Division's estimate of the cost of the reclamation liability at the Bear No. 3 Mine is $279,224.00. Therefore, the Division holds sufficient bond to complete the reclamation tasks at the Bear No. 3 Mine. 11. The Division has made a negative determination for the presence of prime farmland within the permit area (2.07.6(2)(k)). Refer to Section B, XVIII, of this document for more detail. 12. Based on information provided in the application, the Division has determined that an alluvial valley floor does not exist within the Bear No. 3 Mine permit area but does exist within the adjacent area (2.07.6(2) and 2.06.8(3)(C)). For additional specific findings concerning this alluvial valley floor, please see Section B, XVIII. 13. The Division hereby approves the post-mining land uses of the operation. It was determined that the land uses, undeveloped for wildlife habitat and limited residential use, meets the requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). Refer to Section B, XII, for more detail. 14. The Division finds that the activities proposed by the applicant would not affect the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitats. This finding has been updated and reconfirmed at several phases of the permitting process. This finding was updated by a November 23, 1992 telephone contact with the U.S. Fish and Wildlife Service for Permit Revision No. 1. This finding was updated again via a January 18, 1995 letter of concurrence from the U.S. Fish and Wildlife Service for Permit Revision No. 2. No comments were received on the Permit Renewal No. 4 application. Finally, this finding was updated in the Permit Renewal No. 5 adequacy review process. The Bear Coal Company had 13