2011-11-22_REVISION - C1992081

• Permit No: C1992081
• IBM Index Class Name: REVISION
• Doc Date: 11/22/2011
• Doc Name: Proposed Decision & Findings of Compliance
• From: DRMS
• To: Hayden Gulch Terminal, LLC
• Type & Sequence: PR1
• Email Name: JDM
• Media Type: D
• Archive: No

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, based on
information received from the Office of Surface Mining Applicant Violator System,
operations owned or controlled by HGT do 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)).
8. Hayden Gulch Terminal 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 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. Detailed reclamation cost estimates and liability information can be found in Volume 2,
Tab 23 of the permit application and reference is made above in the Reclamation Plan
portion of this document.
Based upon a review of the applicant's worst -case estimate, the Division has
determined the total bond liability for the addition of the TAHR to be $465,511.56,
which brings the total cost of reclamation to $1,557,769.56. The Division currently
holds two bonds totaling $1,092,258.00 from HGT; therefore, additional bond must be
submitted. (2.07.6(2)(j)).
11. The Division has made a negative determination for the presence of prime farmland within
the permit area. The decision was based on a letter from the Soil Conservation Service that
demonstrates that no prime farmland mapping units are found within the permit area. This
letter is dated April 13, 1978 and can be found in Volume 1, Tab 9, Attachment 9 -3 of the
permit application (2.07.6(2)(k)).
12. Based on information provided in the application, the Division has determined that alluvial
valley floors exist within or adjacent to the permit area. The alluvial valley floors are
known as the Dry Creek and Sage Creek Alluvial Valley Floors (2.07.6(2)(k) and
2.06.8(3)(c)).
For additional information concerning the presence of alluvial valley floors along Dry
Creek and Sage Creek, please see Volume 1, Tab 7 of the permit application and
Section B, Item XIV of this document.
13. The Division hereby approves the post- mining land uses proposed for this operation. It was
determined that the two proposed postmining land uses, grazing lands and wildlife habitat,
meet the requirements of Rule 4.16 for the permit area (2.07.6(2)(1)).
Hayden Gulch Loadout 18 November 22, 2011