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that a cultural resources survey be completed for those areas within the PR7 expansion area <br />and that these sites should be avoided. Based on a review of the current cultural resource <br />inventory included in section 2.9 in the permit, it does not appear the entire expansion area <br />has been evaluated. Rule 2.04.4(1) and (2) requires specific cultural resource information be <br />submitted with a permit application for areas proposed or likely to be affected by surface <br />mining activities. The permit revision does not indicate any area to be affected within the <br />proposed expansion area for the 2013-2017 permit term. Given this, the Division added <br />Stipulation No. 22 discussed above to the approval of this revision to require that a Cultural <br />and Historic Resource inventory and survey be conducted to comply with Rule 2.04.4 prior <br />to disturbing/affecting any area within the PR7 expansion area. <br /> <br />6. For this surface mining operation, private mineral estate has not been severed from private <br />surface estate; 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, based on <br />information received from the Office of Surface Mining Applicant Violator System, Trapper <br />Mining Inc. 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 /> On August 17, 2015, the Division queried the Office of Surface Mining Applicant Violator <br />System. The ownership and control information submitted by Trapper was consistent with <br />the Applicant Violator System. <br /> <br />8. Trapper Mining Inc. 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. The Division currently holds bond in the amount of $30,173,724.00 in the form of a <br />corporate surety. The current required liability for the site is $27,030,843.72. For PR7, the <br />required bond liability amount is determined to be $23,016,528.92. This amount reflects the <br />Division's projection of reclamation costs for worst-case disturbance. The reduction in <br />liability is primarily a result of the updated backfilling and grading methods for K Pit as <br />discussed in the Description of Mining Operations, Removal of Topsoil and Overburden <br />section of this Findings Document. The currently held bond amount is greater than the <br />calculated liability amount so an increase in the financial warranty is not required at this <br />time. <br /> <br /> <br /> <br />25 <br /> <br />Trapper MineJuly 9, 2013 <br /> <br />