2012-07-10_REVISION - C1981041 (7)

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Reclamation Act; the Division finds that, based on information received from the Office of Surface Mining Applicant Violator System, no operations owned or controlled by Snowcap Coal Company, Inc. (SCC), or SCC's parent company, American Electric Power, are currently subject to state or federal enforcement orders pertaining to environmental laws or regulations that would preclude issuance of a permit renewal to SCC. This finding is confirmed for PR -5, by OSM, AVS System "Issue" recommendations of July 6, 2012 (2.07.6(2)(g)(i)). Snowcap Coal Company 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 currently holds a surety bond in the amount of $1,005,256.00 (Liberty Mutual Insurance Company No. 014- 018 -026). The reclamation cost estimate for the Roadside Portals was reevaluated and updated to reflect the changes to the reclamation plan proposed in PR -5. The liability prior to PR -5 was $1,005,256.00. The revised reclamation liability will be $805,952.60, a decrease of $199,303.40. The revised liability decrease is primarily due to: the operator has proposed to eliminate plans to relocate a section of Coal Gulch and a section of Coal Creek to their original channels; the operator proposes to retain the Cameo Mine East and West diversion ditches permanently; and revegetation costs decreased significantly due to lower seed acquisition costs. The Division currently holds a surety bond in the amount of $1,005,256.00, which is greater than the calculated liability amount (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 information from the Natural Resources Conservation Service and the permit application, Volume 2, Tab 9. No land within the permit area is irrigated on a regular basis. Average annual precipitation is about nine inches, and much of the land slope exceeds ten percent. The Mesa County Soil Conservation Service survey shows no soil mapping units designated as potential prime farmlands. Pursuant to Rule 2.07.6(2)(k), the Division fords the proposed operation in compliance with the requirements of Prime Farmland. 12. Based on information provided in the application, the Division has determined that two alluvial valley floors exist within the permit or adjacent area. The alluvial valley floors are on the Colorado River and Rapid Creek. The Colorado River has been affected by the facilities area, unit train loadout, and the conveyor. Mining occurred beneath Rapid Creek. Two hundred to five hundred- foot -wide protective pillars were left intact beneath Rapid Creek to mitigate potential impacts. Surface water flow monitoring and monitoring of alluvial water levels is conducted upstream and downstream from mining activity on Rapid Creek. Alluvial water level and quality is also monitored in the Colorado River alluvium, in the vicinity of the Unit Train Loadout. The Division finds that the applicant has satisfied all applicable requirements of 2.06.8 (2.07.6(2)(k). For additional specific findings concerning alluvial valley floors, please see Section B.XIH. 13. The Division hereby approves the post - mining land uses of the operation. It was determined that "fish and wildlife habitat" meets the requirements of Rule 4.16 for disturbed lands within the major portion of Permit Revision No. 5 17 July 10, 2012