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Colorado, LLC does not own or control any operations which are currently in violation of <br />any law, rule, or regulation of the United States, or any State law, rule, or regulation, or <br />any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br />Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br /> <br />8. Western Fuels-Colorado, LLC does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such nature, duration, and <br />with such resulting irreparable damage to the environment as to indicate an intent not to <br />comply with the provisions of the Act (2.07.6(2)(h)). <br /> <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 /> <br />10. The Division estimates the reclamation liability for mining operations in this permit term <br />to be $4,944,742.64. A performance bond in this amount must be received and approved <br />by the Division before the permit is issued (2.07.6(2)(j)). <br /> <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the New Horizon North permit area (Section 2.04.12). The decision was based on a letter <br />from the Natural Resource Conservation Service (NRCS) dated May 8, 2009 (Appendix <br />2.04.12-1) stating that no prime farmland mapping units are found within the permit area <br />(2.07.6(2)(k)). Seven different soil mapping units are mapped within the permit area. One <br />of these seven units, 71, Nyswonger silty clay loam, 1 to 4 percent slopes, is designated as <br />“prime farmland if irrigated.” There is no historical evidence showing that this soil map <br />unit within the permit boundary has ever been irrigated. (2.07.6(2)(k)). <br /> <br />12. The Division has made a negative determination for the existence of alluvial valley floors <br />(AVF) within the permit area based on the rules set forth in Rule 2.06.8(3)(c) and <br />(2.07.6(2)(k). This determination is based on information provided by the applicant who <br />demonstrates that there are no alluvial valley floors within the immediate vicinity of the <br />existing New Horizon Mine, which includes the proposed North Mine area and that the <br />closest alluvial valley floors to the area are found approximately three and one half miles <br />to the west in the floodplain of the San Miguel River. Given the distance involved <br />between the probable occurrence of known alluvial valley floors and the proposed New <br />Horizon North Mine area, the Division confirms the negative presence of alluvial valley <br />floors in this proposed mine area. The results of the AVF investigation are in Section <br />2.06.8 of the permit document. <br /> <br />13. The Division hereby approves the post-mining land use of the operation. It was <br />determined that Irrigated Pasture, Intensely Managed Irrigated Pasture and Dryland Pasture <br />meet the requirements of Rule 4.16 for the permit area (Section 2.07.6(2)(l)). <br /> <br />14. The Division finds that no specific approvals required under Rule 4 are necessary for this <br />mine plan. (2.07.6(2)(m)). <br /> <br /> <br /> <br /> <br />20 <br /> <br />