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recommend curtailing expansion into the canyon where the site is located. TMI completed <br />an analysis of the potential for damage to the site from nearby blasting operations to <br />determine what if any modifications to the blasting plan may be required to protect the site. <br />TMI continues to monitor the site for blasting impacts. No potential for adverse impacts <br />have been recorded to date. This information will be submitted to DRMS as part of the <br />upcoming five-year operating plan to be submitted in the near future and will comprise <br />Section 3.4.3.1 of the permit. <br />6. For this surface mining operation, private mineral estate has not been severed from <br />private surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not <br />required (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 Trapper Mining, Inc. <br />does 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 />8. On 1 June 2017, and again on 25 October 2017, the Division queried the Office of <br />Surface Mining Applicant Violator System. The system recommendation for the proposed <br />application was "issue." <br />9. 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 an intent not to comply with <br />the provisions of the Act (2.07.6(2)(h)). <br />10. 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 />11. The Division estimates the reclamation liability for mining operations in this permit <br />term to be $21,270,012.72. The Division currently holds a $23,400,000.00 performance <br />bond for Trapper Mining, Inc. This RN7 revised cost estimate (attached), is $2,129,987.28 <br />less than the current bond held (2.07.6(200)). <br />12. The Division has made a negative determination for the presence of prime farmland <br />within the permit area. The decision, based on a pre -application investigation of soils <br />found within the proposed permit area. Pursuant to 2.04.12(2) criteria, the applicant has <br />provided information demonstrating that lands within the permit area possessing cropland <br />potential are not irrigated or naturally sub -irrigated, have no dependable water supply of <br />adequate quality, and receive less than 14 inches of annual precipitation. Therefore, the <br />Division hereby renders a negative determination for the presence of prime farmland <br />within the permit area (2.07.6(2)(k)). <br />Page 15 <br />Trapper RN7 Prepared by: R. Reilley <br />Nov 2017 <br />