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law, rule, or regulation of the United States, or any State law, rule, or regulation, or any <br />provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal <br />Mining Reclamation Act (2.07.6(2)(g)(I)). <br />8. Twentymile Coal Company does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with such <br />resulting irreparable damage to the environment as to indicate intent not to comply with the <br />provisions of the Act. (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area. (2.07.6(2)(i)). <br />10. At the time of issuance of this proposed decision for RN-05, the Division holds a <br />reclamation performance bond for the Foidel Creek Mine in the amount of $8,563,089.00, in <br />the form of Two Corporate Surety Bonds: 104294144, issued by Travelers Casualty and <br />Surety Company of America in the amount of $8,123,701.00, and 8205-65-022 issued by <br />Federal Insurance Company in the amount of $439,388.00. During the RN-05 review, the <br />Division examined the bond document and updated the estimated cost of reclamation for the <br />worst-case disturbance that will occur during the 2008-2013 permit term. The amended <br />reclamation cost estimated by the Division is $9,760,543.96. This amount represents the <br />Division's estimate of the cost of reclamation. It does not reflect any bond release for <br />reclamation work completed by the operator (2.07.6(2)(k)). The cost estimate with <br />supporting documentation is set forth in the Division's "Permit Renewal 5 Cost Update" for <br />the Foidel Creek Mine, dated May 14, 2010. <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the permit area. The decision was based on the publication "Important Farmlands Inventory <br />of Colorado" USDA, Natural Resource Conservation Service (formerly SCS), Denver, <br />Colorado, October 1982. It states that no prime farmland mapping units are found within the <br />permit area or within Routt County. The local office of the NRCS confirmed this finding in a <br />letter dated September 24, 1984. This letter can be found in Exhibit 24 (2.07.6(2)(k)). <br />12. Based on information provided in the application, the Division has determined that alluvial <br />valley floors (AVF) exists within the permit or adjacent area. The alluvial valley floors are <br />known as the Fish Creek AVF, Foidel/Middle Creek Confluence AVF, and the Trout Creek <br />AVF. Based on information provided by the operator, the Division finds that for all the <br />above AVF's: <br />a) The proposed mining operation will not interrupt, discontinue, or preclude farming <br />on the alluvial valley floor. Cattle ranching on undeveloped rangeland is the only <br />agricultural operations currently in practice in these portions of Fish Creek. Rule <br />4.24.3(1) allows for impacts to undeveloped rangelands which are insignificant to <br />farming. The operator has submitted information that the acreage to be affected is <br />of small acreage relative to the ranches. Previous subsidence of Fish Creek in the <br />Northern Mining District found that ranching was not precluded or diminished on <br />the affected area. <br />Foidel Creek Mine 26 June 4, 2010