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Colorado Surface Coal Mining Reclamation Act, the Division finds that Peabody Sage <br />Creek Mining, LLC does not own or control any operations which are currently in <br />violation of any law, rule, or regulation of the United States, or any State law, rule, or <br />regulation, or any provision of the Surface Mining Control and Reclamation Act or the <br />Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />Peabody Sage Creek Mining, LLC does not control and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparable damage to the environment as to indicate an <br />intent not to comply 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 estimates the reclamation liability for mining operations in this permit term <br />to be $3,077,355.00. The Division currently holds a $3,356,429.28 performance bond for <br />the Peabody Sage Creek Mine. Peabody Sage Creek Mining, LLC does not need to <br />submit an additional performance bond prior to issuance of a renewed permit <br />(2.07.6(200)). <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 data provided that demonstrates that no prime <br />farmland mapping units are found within the permit area (2.07.6(2)(k)). <br />12. Based on information provided in the application the Division has determined that an <br />alluvial valley floor does exists within the permit or adjacent area for Annand Draw and <br />Scotchman Gulch watersheds. This determination is based on information provided by the <br />applicant in an evaluation conducted in 2009. The Division has determined alluvial valley <br />floors exist in the watersheds of Fish Creek, Grassy Creek, and Little Grassy Creek. The <br />approved mining operations will not interrupt, discontinue, or preclude agricultural <br />activities in the three watersheds. Additional specific findings are provided by the operator <br />in Section B, XII and Exhibit No. 2.06.8-E-1. (2.07.6(2)(k) and 2.06.8(3)(c)). <br />13. The Division hereby approves the post -mining land use of the operation. It was <br />determined that on completion of mining operations, mine facilities would be demolished <br />and removed) unless approved as permanent facilities to support the postmining land use <br />at the request of the surface owner), surface disturbance areas regraded, effective drainage <br />reestablished, soil materials replaced on the regraded areas and disturbed areas reseeded <br />with an approved Rangeland seed mixture. All reclamation activities are planned and <br />focused on restoring disturbed areas to a productive, self-sustaining postmining land use as <br />rangeland for grazing, recreation, and wildlife habitat. (2.07.6(2)(1)). <br />14. Three special species are known to occur in the permit area: bald eagle, Columbian sharp - <br />13 <br />