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6. For this loadout, rail loop operation, and haul road, the private mineral estate has been <br />severed from the private surface estate. The permittee is not proposing to mine coal within <br />the permit boundary. (2.07.6(2)(f)). <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, based on <br />information received from the Office of Surface Mining Applicant Violator System, <br />operations owned or controlled by HGT do not own or control any operations which are <br />currently in violation of any law, rule, or regulation of the United States, or any State law, <br />rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or <br />the Colorado Surface Coal Mining Reclamation Act. (2.07.6(2)(g)(i)). <br />AVS was checked on November 26, 2012 and no outstanding enforcement actions were <br />reported nor were there any problems noted with the ownership and control information. <br />AVS was also checked on January 31, 2014. No problems or outstanding enforcement <br />actions were identified as a result of the second AVS check. <br />8. Hayden Gulch Terminal 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 />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. Detailed reclamation cost estimates and liability information can be found in Volume 2, Tab <br />23 of the permit application and reference is made above in the Reclamation Plan portion of <br />this document. <br />Based upon a review of the applicant's worst -case estimate, the Division has <br />determined the total bond liability for the site is $1,142,203.00. The Division currently <br />holds two bonds totaling $1,203,940.32 from HGT; therefore, additional bond is not <br />required at this time. (2.07.6(2)(j)). <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 a letter from the Soil Conservation Service that <br />demonstrates that no prime farmland mapping units are found within the permit area. This <br />letter is dated April 13, 1978 and can be found in Volume 1, Tab 9, Attachment 9 -3 of the <br />permit application (2.07.6(2)(k)). <br />12. Based on information provided in the application, the Division has determined that alluvial <br />valley floors exist within or adjacent to the permit area. The alluvial valley floors are <br />known as the Dry Creek and Sage Creek Alluvial Valley Floors (2.07.6(2)(k) and <br />2.06.8(3)(c)). <br />Hayden Gulch 19 February 11, 2014 <br />