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5. On the basis of information submitted by The Colorado Historical Society in the form of <br /> a letter received May 26, 1988 from Leslie E. Wildesen, Deputy State Historic <br /> Preservation Officer, the Division finds that, subject to valid existing rights as of <br /> August 3, 1977, the mining operation will not adversely affect any publicly owned park <br /> or place listed on the National Register of Historic Places (2.07.6(2)(e)(i)). <br /> 6. For this surface mining operation, private mineral estate has been severed from private <br /> surface estate in some cases; therefore, the documentation specified by Rule 2.03.6(2) <br /> has been provided in the form of Exhibits 3-1 and 3-2 and Tab 3, Attachment 3-11, <br /> pages 3-119 to 3-123 of the New Horizon I permit document and Section 2.03.6 of the <br /> New Horizon 2 permit application (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 <br /> the Colorado Surface Coal Mining Reclamation Act, the Division finds that Western <br /> Fuels-Colorado, a Limited Liability Company, does not own or control any operations <br /> which are currently in violation of any law, rule, or regulation of the United States, or <br /> any State law, rule, or regulation, or any provision of the Surface Mining Control and <br /> Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br /> (2.07.6(2)(g)(i))• <br /> 8. The operator 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 <br /> 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 has examined a corporate surety in the amount of $1,550,000.00. This <br /> bond has received approval. <br /> The above bond amount reflects the Division's projection of reclamation costs for <br /> worst-case disturbance which will occur during the proposed permit term. <br /> 11. The Division has made a positive determination for the presence of prime farmland <br /> within the permit area. The decision was based on extensive studies performed by <br /> Peabody and on a letter from SCS that demonstrates that a prime farmland mapping unit <br /> is found within the permit area (2.07.6(2)(k)). See "Operations on Prime Farmlands" <br /> (Section B, X) below for additional specific findings. Information on Prime Farmland is <br /> contained in Section 2.04.9 of the New Horizon Mine 2 Permit Document. <br /> 12. The Division has made a negative determination for the existence of alluvial valley <br /> floors (AVFs) within the permit area. This determination is based on information <br /> provided by the applicant which demonstrates that the aeolian and sheetwash material <br /> along Tuttle and Calamity Draws does not meet the geomorphic criteria for AVFs. <br /> 15 <br />