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date. This information will be submitted to DRMS as part of the upcoming five-year <br />operating plan to be submitted in the near future and will comprise Section 3.4.3.1 of the <br />permit. <br />6. For this surface mining operation, private mineral estate has not been severed from private <br />surface estate, 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 Trapper Mining, <br />Inc. 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 <br />provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br />Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />On 31 October 2017 and again on 7 December 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 <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 />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. For RN7, the Division estimated the reclamation liability for mining operations in this <br />permit term to be $21,270,012.72. The Division currently holds a $23,400,000.00 <br />performance bond for the Trapper Mine. This PR8 revised cost estimate (attached), adds <br />$108759.19 to the reclamation liability for this permit term for a total reclamation liability of <br />$21,378,771.91 (2.07.6(2)(j)). <br />12. The Division has made a negative determination for the presence of prime farmland within <br />the permit area. The decision is based on a pre -application investigation of soils found <br />within the proposed permit area. Pursuant to 2.04.12(2) criteria, the applicant has provided <br />information demonstrating that lands within the permit area possessing cropland potential <br />are not irrigated or naturally sub -irrigated, have no dependable water supply of adequate <br />quality, and receive less than 14 inches of annual precipitation. Therefore, the Division <br />hereby renders a negative determination for the presence of prime farmland within the <br />permit area (2.07.6(2)(k)). <br />13. Based on information provided in the application, the Division determined that <br />two alluvial valley floors (AVFs) exist near the permit area: <br />a. the Yampa River AVF <br />b. Williams Fork River AVE <br />15 <br />