Laserfiche WebLink
10. 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 />11. No new or additional performance bond is required as a result of this permit renewal. The Division holds a <br />bond in the amount of $8,083,089.00 which the Division estimates is sufficient to reclaim all disturbances <br />associated with this permit. The above bond amount reflects the Division's projection of reclamation costs <br />for worst-case disturbance which will occur during the proposed permit term (1998-2003) (2.07.6.(2)(j)). <br />Twentymile Coal Company does not propose any new surface disturbance with this permit revision. <br />12. The Division has made a negative determination for the presence of prime farmland within the permit area. <br />The decision was based on the publication "Important Farmlands Inventory of Colorado" USDA, Natural <br />Resource Conservation Service (formerly SCS), Denver, Colorado, October 1982. It states that no <br />prime farmland mapping units are found within the permit area or within Routt County. The local office <br />of the NRCS confirmed this finding in a letter dated September 24, 1984. This letter can be found in <br />Exhibit 24 (2.07.6(2)(k)). <br />13. Based on information provided in the application, the Division has determined that alluvial valley floors <br />exist within the permit or adjacent area. The alluvial valley floors are known as the Fish Creek AVF, <br />Foidel/Middle Creek Confluence AVF, and the Trout Creek AVF. Based on information provided by the <br />operator, the Division finds that for all of the above AVF's: <br />a) the proposed mining operation will not interrupt, discontinue, or preclude farming on the alluvial <br />valley floor. Cattle ranching on undeveloped rangeland is the only agricultural operation currently in <br />practice in these portions of Fish Creek. Rule 4.24.3(1) allows for impacts to undeveloped rangelands <br />which are insignificant to farming. The operator has submitted information that the acreage to be <br />affected is of small acreage relative to the ranches. Previous subsidence of Fish Creek in the Northern <br />Mining District found that ranching was not precluded or diminished on the affected areas. <br />b) the proposed mining operation will not cause material damage to the quantity and quality of surface <br />and groundwater that supply the alluvial valley floor. Additional information regarding impacts to <br />alluvial valley floors may be found in Section B, XVIH. <br />c) the proposed operation will preserve the essential hydrologic functions of the alluvial valley floor, <br />(2.07.6(2) and 2.06.8(3)(c)). <br />For specific findings concerning these alluvial valley floors, refer to Section B, XVHI (2.07.6(2)(k) <br />and 2.06.8(3)(c)). <br />13. The Division hereby approves the post-mining land use of the operation. It was determined that the <br />post-mining land uses of pastureland and rangeland meet the requirements of Rule 4.16 for the permit <br />area (2.07.6(2)(1)). <br />14. The Division finds that specific approvals have been granted or are proposed. These approvals are <br />addressed in the following Section B (2.07.6(2)(m)). <br />15. 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 (2.07.6(2)(n)). The Division received verification of the Office of Surface <br />Mining's Section 7 Consultation with the U.S. Fish and Wildlife Service, dated June 9, 2009. The <br />U.S. Fish and Wildlife Service provided concurrence with the Office of Surface Mining's assessment <br />18