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5. On the basis of information obtained from the State Historic Preservation Office (SHPO) <br />and archeological and cultural resource surveys submitted by the applicant, the Division <br />finds that subject to valid existing rights as of August 3, l977, the mining operation will not <br />adversely affect any publicly owned park or place listed on or eligible for listing in the <br />National Register of Historic Places as determined by the State Historic Preservation Office. <br />Based on a February 2003 addition of a Categorical Exclusion to the May 1991 <br />Memorandum of Understanding with the SHPO, for Permit Renewals for those mines that <br />have been fully reclaimed and those mines where there will be no new disturbance the <br />SHPO will not be notified. (2.07.6(2)(e)(i)). <br /> <br />6. For this underground mining operation, there will be no circumstances involving the surface <br />mining of coal or where underground mining activities concurrently involve the surface <br />mining of coal; therefore, the documentation specified by Rule 2.03.6(2) is not required. <br />(2.07.6(2)(f)). <br /> <br />7. On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-114(3) compliance review required by the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that Twentymile Coal <br />Company does not own or control any operations which are currently in violation of any <br />law, rule, or regulation of the United States, or any State law, rule, or regulation, or any <br />provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal <br />Mining Reclamation Act (2.07.6(2)(g)(I)). <br /> <br />8. Twentymile Coal Company does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with such <br />resulting irreparable damage to the environment as to indicate intent not to comply with the <br />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. At the time of issuance of this proposed decision for RN-06, the Division holds a <br />reclamation performance bond for the Foidel Creek Mine in the amount of $10,056,089.00, <br />in the form of one Self Bond. During the RN-06 review, the Division examined the bond <br />document and updated the estimated cost of reclamation for the worst-case disturbance that <br />will occur during the 2013-2018 permit term. The amended reclamation cost estimated by <br />the Division is $9,313,477.91. This amount represents the Division’s estimate of the cost of <br />reclamation. It does not reflect any bond release for reclamation work completed by the <br />operator (2.07.6(2)(k)). The cost estimate with supporting documentation is set forth in the <br />Division’s “Permit Renewal 6 Cost Update” for the Foidel Creek Mine, dated August 14, <br />2013. <br /> <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the permit area. The decision was based on the publication "Important Farmlands Inventory <br />of Colorado" USDA, Natural Resource Conservation Service (formerly SCS), Denver, <br />Colorado, October 1982. It states that no prime farmland mapping units are found within the <br /> <br /> <br />24 <br /> <br /> Foidel Creek MineOctober 8, 2013 <br /> <br />