1993-04-19_REVISION - C1981008

• Permit No: C1981008
• IBM Index Class Name: Revision
• Doc Date: 4/19/1993
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN2
• Type & Sequence: RN2
• Media Type: D
• Archive: No

Deputy State Historic Preservation Officer, the Division finds that,
subject to valid existing rights as of August 3, 1977, the mining
operation will not adversely affect any publicly owned park or place
listed on the National Register of Historic Places (2 .07.6(2)(e)(i )) .
6. For this surface mining operation, private mineral estate has been
severed from private surface estate in some cases , therefore, the
documentation specified by Rule 2.03.6(2) has been provided in the form
of Exhibits 3-1 and 3-2 and Tab 3, Attachment 3-11 , pages 3-119 to 3-123
of the New Horizon 1 permit document and Section 2.03. 6 of the New
Horizon 2 permit application (2.07.6(2)(f) ) .
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 Western Fuels-Colorado, a
Limited Liability 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 )) .
B. The operator 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 has examined a corporate surety in the amount of
$7 ,550,000.00. This bond has received approval .
The above bond amount reflects the Division ' s projection of reclamation
costs for worst-case disturbance which will occur during the proposed
permit term.
11 . The Division has made a positive determination for the presence of prime
farmland within the permit area. The decision was based on extensive
studies performed by Peabody and on a letter from SCS that demonstrates
that a prime farmland mapping unit is found within the permit area
(2.07 . 6(2)(k) ) . See "Operations on Prime Farmlands" (Section 8, X) below
for additional specific findings . Information on Prime Farmland is
contained in Tab 16, pgs . 16-11 to 16-14 of the New Horizon Mine 1 Permit
Document.
12. The Division has made a negative determination for the existence of
alluvial valley floors (AVFs) within the permit area. This determination
is based on information provided by the applicant which demonstrates that
the aeolian and sheetwash material along Tuttle and Calamity Draws does
not meet the geomorphic criteria for AVFs . AVFs along the San Miguel are
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