2013-07-09_REVISION - C1981010 (7)

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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; Trapper Mining Inc. 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)). On June 29, 2012, November 29, 2012 and again on February 6, 2013, the Division queried the Office of Surface Mining Applicant Violator System. The system recommendation for the proposed application was "issue." 8. Trapper Mining Inc. 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. The Division currently holds bond in the amount of $30,173,724.00 in the form of a corporate surety. For this Permit Renewal (RN6), the required bond amount is determined to be $29,990,889.58. The above bond amount reflects the Division's projection of reclamation costs for worst -case disturbance currently approved. The currently held bond amount is greater than the calculated liability amount so an increase in the financial warranty is not required at this time. 11. The Division has made a negative determination for the presence of prime farmland within the permit area. The decision was based on a pre - application investigation of the soils found within the proposed permit area. Pursuant to 2.04.12(2) criteria, the applicant has provided information which demonstrates that lands within the permit area, which could be used as cropland, are not irrigated or naturally sub - irrigated, have no dependable water supply of adequate quality, and receive less than 14 inches of annual precipitation. Therefore, the Division hereby renders a negative determination for the presence of prime farmland within the permit area. (2.07.6(2)(k)). 12. Based on information provided in the application, the Division has determined that two alluvial valley floors (AVFs) exist near the permit area: the Yampa River AVF and the Williams Fork River AVE The Division finds that the proposed surface coal mining operation will not affect either AVE For additional specific findings concerning these AVFs, please refer to Section B, XVII. Trapper Mine 20 July 9, 2013