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received from other state and federal agencies as a result of the Section 34-33-114(3) <br />compliance review required by the Colorado Surface Coal Mining Reclamation Act, the <br />Division finds that Seneca Property, LLC does not own or control any operations which <br />are currently in violation of any law, rule, or regulation of the United States, or any State <br />law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation <br />Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <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 <br />such resulting irreparable damage to the environment as to indicate an intent not to comply <br />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 currently holds a corporate surety in the amount of $2,221,677.26. This <br />bond remains in force for the 2015-2020 permit term. The above bond calculation is the <br />Division's projection of reclamation costs for maximum reclamation requirements, which <br />would occur during the proposed permit term. The cost estimate for bond liability has <br />been revised as a result of the renewal application with costs updated in 2017. The <br />Division estimates the on -the -ground reclamation liability for mining operations in this <br />permit term to be $1,902,423.58. The amount of performance bond reflects the Division's <br />projection of reclamation costs for the worst-case disturbance that will occur during this <br />permit term. It reflects five bond releases for reclamation work completed (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 a copy of a Soil Conservation Service list of <br />prime farmlands in the vicinity of the mine, dated September 9, 1992, that demonstrates <br />that no prime farmland mapping units are found within the permit area. (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley floors <br />within the permit area or adjacent areas in the Grassy Creek watershed. This <br />determination is based on information provided by the applicant that demonstrates that <br />poor water quality as well as the limited size and isolation of two potentially sub -irrigated <br />fields precludes those fields from meeting the regulatory criteria of an alluvial valley floor. <br />These fields are located in Annand Draw and Scotchman's Gulch. (2.07.6(2) and <br />2.06.8(3)(C)). <br />The Division has determined there are alluvial valley floors in the Sage Creek watershed. <br />However, the Division finds that impacts of proposed mining operations will not be <br />significant. The proposed mining operations will not interrupt, discontinue, or preclude <br />agricultural activities in the Sage Creek watershed. For additional specific findings <br />concerning alluvial valley floors please see Section B, X. <br />13. The Division hereby approves the post -mining land use of the operation. It was <br />TOI <br />