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2009-06-22_GENERAL DOCUMENTS - C1981033 (2)
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2009-06-22_GENERAL DOCUMENTS - C1981033 (2)
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Last modified
8/24/2016 3:48:02 PM
Creation date
6/22/2009 11:05:39 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981033
IBM Index Class Name
General Documents
Doc Date
6/22/2009
Doc Name
Proposed Decision & Findings of Compliance for RN5
Permit Index Doc Type
Findings
Email Name
JJD
Media Type
D
Archive
No
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contracted with Atlantic Richfield Company to remove coal from parts of leases C-0117192 and <br />D-044569 and an ARCO fee coal area in the SE/4 SE/4 of Section 18. Bear Coal contracted with <br />Anchor Coal Company to remove coal from federal lease D-052501. <br />7. On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that Bear Coal Company does not own or <br />control any operations which are currently in violation of any law, rule, or regulation of the United <br />States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(I)). <br />Bear 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 <br />permit will not be inconsistent with other such operations anticipated to be performed in areas <br />adjacent to the permit area (2.07.6(2)(I)). <br />10. The Division currently holds a total bond amount of $279,224.00 for the Bear No 3 Mine. The bond <br />is in the form of two certificates of deposit and one cash bond. The first CD is for $100,000.00 from <br />Wells Fargo Bank West N.A. The second CD is for $60,000.00 from the First Colorado National <br />Bank. The cash bond is for $119,224.00 from the First Colorado National Bank. <br />The reclamation cost estimate has been reviewed pursuant to Rule 3.02.2(4) to determine whether <br />the above total bond amount held by the Division reflects the Division's estimate of the reclamation <br />costs for worst-case disturbance which will occur during the proposed permit term (2.07.6.(2)(j)). <br />The Division's estimate of the cost of the reclamation liability at the Bear No. 3 Mine is <br />$279,224.00. Therefore, the Division holds sufficient bond to complete the reclamation tasks at the <br />Bear No. 3 Mine. <br />11. The Division has made a negative determination for the presence of prime farmland within the <br />permit area (2.07.6(2)(k)). Refer to Section B, XVIII, of this document for more detail. <br />12. Based on information provided in the application, the Division has determined that an alluvial valley <br />floor does not exist within the Bear No. 3 Mine permit area but does exist within the adjacent area <br />(2.07.6(2) and 2.06.8(3)(C)). For additional specific findings concerning this alluvial valley floor, <br />please see Section B, XVIII. <br />13. The Division hereby approves the post-mining land uses of the operation. It was determined that the <br />land uses, undeveloped for wildlife habitat and limited residential use, meets the requirements of <br />Rule 4.16 for the permit area (2.07.6(2)(1)). Refer to Section B, XII, for more detail. <br />14. The Division finds that the activities proposed by the applicant would not affect the continued <br />existence of endangered or threatened species or result in the destruction or adverse modification of <br />their critical habitats. This finding has been updated and reconfirmed at several phases of the <br />permitting process. This finding was updated by a November 23, 1992 telephone contact with the <br />U.S. Fish and Wildlife Service for Permit Revision No. 1. This finding was updated again via a <br />January 18, 1995 letter of concurrence from the U.S. Fish and Wildlife Service for Permit Revision <br />No. 2. No comments were received on the Permit Renewal No. 4 application. Finally, this finding <br />was updated in the Permit Renewal No. 5 adequacy review process. The Bear Coal Company had <br />13
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