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6. For this surface mining operation, private mineral estate has been severed from private <br />surface estate. Documentation specified by Rule 2.03.6(2) is provided in Appendix 3-3 and <br />Appendix 3-4 of the permit application package, as revised in PR -4 (2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that Seneca Property LLC does <br />not 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)). <br />The Division checked the Federal Applicant/Violator System (AVS) on July 31, 2015 and <br />February 6, 2017. Both AVS checks recommended "Issue" with no concerns or unresolved <br />items. <br />8. Seneca Property LLC 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 an intent not to comply with <br />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 estimates the reclamation liability for mining operations in this permit term to <br />be $3,790,697.28. The Division currently holds a Corporate Surety performance bond in <br />the amount of $5,818,456.00, for the Seneca II -W Mine. Seneca Property LLC has <br />requested a return of excess performance bond above the estimated liability. The bond <br />amount in excess of the reclamation liability estimate is $2,027,758.22 (2.07.6(2)(j)). <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 the evidence provided by the Soil Conservation <br />Service (now Natural Resources Conservation Service) that there are no prime farmland <br />mapping units within the proposed permit area (2.07.6(2)(k)). This evidence can be found <br />in Volume 5, Tab 9, Appendix 9-5. <br />12. Based on information provided in the application, the Division has determined that alluvial <br />valley floors exist within the permit or adjacent area. The alluvial valley floors are known <br />as Hubberson Gulch, Dry Creek, and Sage Creek and will not be affected by mining <br />operations (2.07.6(2)(k) and 2.06.8(3)(c)). <br />For additional specific findings concerning this alluvial valley floor please see Section B, <br />XVII. <br />13. The Division has approved the post -mining land uses of the operation. It was determined <br />3 <br />