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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 />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 />10. The Division estimates the reclamation liability for mining operations in this permit term <br />to be $5,113,540.32. The Division currently holds a $5,702,700.81 performance bond for <br />the New Horizon Mine. (2.07.6(2)(j)). <br />11. The Division has made a positive determination for the presence of prime farmland within <br />portions of the permit area. The details and basis for this determination are provided with <br />the PR 8 application and summarized in the Prime Farmland Investigation section above <br />(2.07.6(2)(k)). <br />12. PR 8 application does not affect or modify the following previously issued finding. The <br />Division made a negative determination for the existence of alluvial valley floors (AVFs) <br />within the permit area. AVFs along the San Miguel are more than two and one -half miles <br />away and will not be impacted by the New Horizon Mine (2.07.6(2)(k)). <br />13. The Division hereby approves the following post- mining land uses for the operation: <br />irrigated cropland, irrigated pastureland, dryland pasture, rangeland, developed water <br />resources (ponds), and commercial (roads and facilities) (2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in <br />the following section, Section B (2.07.6(2)(m)). <br />15. PR 8 application does not affect or modify the following previously issued finding. The <br />Division finds that the activities proposed by the applicant would not affect the continued <br />existence of endangered or threatened species or result in the destruction or adverse <br />modification of their critical habitats (2.07.6(2)(n)). <br />16. The Division contacted the Office of Surface Mining, Reclamation Fees Branch. As of this <br />time, Western Fuels - Colorado, LLC, the operator is current in the payment of reclamation <br />fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br />Section B - Rule 4 <br />I. Roads - Rule 4.03, Support Facilities — Rule 4.04 and Hydrologic Balance — Rule 4.05 <br />PR 8 application does not affect or modify previously issued findings and approvals <br />pertaining to mine roads, support facilities or hydrologic balance. <br />