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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 EFCI does not <br />own or control any operations which are currently in violation of any law, rule, or <br />regulation of the United States, or any State law, rule, or regulation, or any provision of the <br />Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act (2.07.6(2)(g)(i)). This finding was confirmed by Office of Surface <br />Mining, AVS System "Issue" recommendations of February 5, 2014 and February 23, <br />2015. <br />8. EFCI does not control and has not controlled mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and with such resulting <br />irreparable damage to the environment as to indicate an 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. The Division estimates the reclamation liability for mining operations in this permit term <br />to be $350,214.35. The Division currently holds a $380,431.00 performance bond for the <br />Southfield Mine. No additional bond is required. <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 two letters: one from the U.S. Department of <br />Agriculture, dated September 16, 1980 and the second, from Colorado State University <br />Agricultural Research Center, dated September 23, 1980. Both letters state that no prime <br />farmland mapping units are found within the permit area. These letters are in Exhibit 13 <br />of the PAP. (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley floors <br />with the permitted mine site area. This determination is based on information provided by <br />the applicant who demonstrates that no lands within the Southfield Mine area qualify as <br />prime farmlands (see Section 2.06.8 and Exhibit 24 of the PAP). (2.07.6(2)(k) and <br />2.06.8(3)(c)). <br />However, based on the information provided in the application the Division has <br />determined that an alluvial valley floor exists within the permitted loadout area. The <br />alluvial valley floor is known as Oak Creek. Studies have shown that the Oak Creek AVF <br />will not be significantly impacted by loadout operations. See Section 2.06.8, Exhibit 14, <br />and Exhibit 24 of the PAP for more information. <br />For additional specific findings concerning this alluvial valley floor please see Section B, <br />XVII. <br />13. The Division hereby approves the post- mining land use of the operation. It was <br />determined that grazing /rangeland and wildlife habitat meets the requirements of Rule 4.16 <br />15 <br />