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(MCM) does not own or control any operations which are currently in violation of any law, <br />rule, or regulation of the United States, or any State law, rule, or regulation, or any provision <br />of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act (2.07.6(2)(g)(i)). <br />8. McClave Canyon Mining, LLC does not control and has not controlled mining operations with <br />a 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 an intent not to comply with the <br />provisions of the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coalmining and reclamation operations to be performed under <br />this permit will not be inconsistent with other such operations anticipated to be performed in <br />areas adjacent to the permit area (2.07.6(2)(i)). <br />10. The Division holds an approved performance bond of $452,909.21 in the form of a corporate <br />surety for the McClane Canyon Mine. This amount corresponds with the Division's latest <br />reclamation cost estimate prepared pursuant to Midterm Review No. 7 (MT -7) dated <br />December 31, 2013. This amount is equal to the current bond held and reflects the Division's <br />estimate of reclamation costs for the worst-case disturbance that will occur during the <br />proposed permit term (ending July 6, 2016). The applicant has submitted a fully adequate <br />reclamation bond that meets the applicable requirements of Rule 3 (2.07.6(2)0)). <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 soil survey and land use information in the permit <br />application document indicating that land in the permit area has not been historically used as <br />cropland. No lands in the permit area are surface irrigated, and alluvial water along East Salt <br />Creekin the vicinity of the mine exhibits high salinity levels which would preclude production <br />of crops dependent on subirrigation. A December 1980, letter from the Soil Conservation <br />Service in Appendix L of the application confirms that no prime farmlands had been identified <br />within the proposed surface disturbance area (2.07.6(2)(k)). <br />12. Based on information provided in the application the Division has determined that an alluvial <br />valley floor (AVF) exists within the permit and adjacent area. The alluvial valley floor is <br />known as East Salt Creek, and a portion of the AVF has been affected by office facility <br />construction (2.07.6(2) and 2.06.8(3)(c)). <br />For additional specific findings concerning this alluvial valley floor, please see Section B, <br />XVI. <br />13. The Division hereby approves the post -inning land use of the operation. It was determined <br />that rangeland/wildlife land uses meet the requirements of Rule 4.16 for the permit area <br />(2.07.6(2)(1)). <br />14. Specific approvals required under Rule 4 are addressed in section B (2.07.6(2)(m)). <br />15. The Division finds that the activities proposed by the applicant would not affect the continued <br />existence of endangered or threatened species or result in the destruction or adverse <br />modification of their critical habitats (2.07.6(2)(n)). Both the Colorado Division of Wildlife <br />In <br />