2013-02-01_GENERAL DOCUMENTS - C1981041

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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 RN -6, by OSM, AVS System "Issue" recommendations of January 31, 2013 (2.07.6(2)(g)(1)). 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)(1)). 10. The Division currently holds a surety bond in the amount of $805,952.60 (Liberty Mutual Insurance Company No. . This amount corresponds with the Division's latest reclamation cost estimate prepared pursuant to PR -5 dated May 3, 2012. The Division did not reevaluate the cost estimate for RN -6 since there have been no changes to the costs in CIRCES and no revisions to the permit application package since the cost estimate was last completed in May 2012. The Division currently holds a surety bond in the amount of $805, 952.60 which is equal to the calculated liability amount (2.07.6(2)0)). 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 finds 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.XIII. 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 the permit area. In addition, based on demonstrations included in the PR -4 application (see Proposed Decision and Findings of Compliance dated February 3, 2009), the Division finds that an alternative "Industrial or Commercial" use meets the requirements of Rule 4.16.3, for the entire Unit Train Loadout area and for designated portions of the South Portals facilities area (2.07.6(2)(1)). Portions of the South Portals area were approved for "Industrial or Commercial" post -mine land use with PR -3 (see Proposed Decision and Findings of Compliance dated July 30, 2007). The areas designated as Industrial or Commercial atthe Unit 17