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Coal Company also overlay a gateroad. This structure was not monitored for subsidence <br />impacts and will not undergo any mitigative measures as a result of subsidence. <br />5. On the basis of information obtained from the State Historic Preservation Office (SHPO) <br />and archeological and cultural resource surveys submitted by the applicant, the Division <br />finds that subject to valid existing rights as of August 3, 1977, the mining operation will not <br />adversely affect any publicly owned park or place listed on or eligible for listing in the <br />National Register of Historic Places as determined by the State Historic Preservation Office. <br />For PR -11, SHPO was notified and consulted regarding the subsidence of two sites <br />identified as eligible to be listed on the National Register of Historic Places. Based on a <br />letter received by the Division on December 1, 2015, dated November 24, 2015 from the <br />State Historic Preservation Officer, they concur that the sites in question will not be <br />adversely effected by the mining operations proposed with PR -11. <br />6. For this underground mining operation, there will be no circumstances involving the surface <br />mining of coal or where underground mining activities concurrently involve the surface <br />mining of coal; therefore, the documentation specified by Rule 2.03.6(2) is not required. <br />(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 Twentymile Coal <br />Company 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 />8. Twentymile Coal Company 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. At the time of issuance of this proposed decision for PR -11, the Division holds a reclamation <br />performance bond for the Foidel Creek Mine in the amount of $10,056,089.00, in the form <br />of one Self Bond. During the RN -06 review, the Division updated the estimated cost of <br />reclamation for the worst-case disturbance that will occur during the 2013-2018 permit term. <br />The reclamation cost estimated by the Division was $9,313,477.91. Since RN -06 several <br />revisions have been filed, and the cost estimate has been re-evaluated. The current liability <br />amount is $9,944,630.15. PR -11 does not propose any additional surface disturbance, thus <br />an increase in liability is not necessary. <br />Foidel Creek Mine 27 February 25, 2016 <br />