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<br /> <br /> <br /> <br /> 8 <br />Historic Preservation Office (2.07.6(2)(e)(i)). <br /> <br />The Division received a letter from the Colorado Historical Society dated September 11, <br />2017, that made a finding of ‘no historic properties affected’ for the activities proposed in <br />PR-2. <br /> <br />6. For this surface mining operation, private mineral estate has been severed from private <br />surface estate; therefore, the documentation specified by Rule 2.03.6(2) has been provided <br />in Appendix 2.03 .6-1(a) in the form of a Memorandum of Surface Lease and Purchase <br />Agreement executed August 7, 2009 between Garvey & Co and the applicant (2.07.6(2)(f)). <br /> <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 Elk Ridge Mining and <br />Reclamation, LLC does not own or control any operations which are currently in violation <br />of any law, rule, or regulation of the United States, or any State law, rule, or regulation, or <br />any 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 /> <br />8. Elk Ridge Mining and Reclamation, 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 /> <br />9. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit revision (PR-2) will not be inconsistent with other such operations <br />anticipated to be performed in areas adjacent to the permit area (2.07.6(2)(i)). <br /> <br />10. The Division estimates the reclamation liability for mining operations in this permit term to <br />be $5,497,416.51. The Division currently holds a $5,254,691.17 performance bond for <br />NHN. The estimated reclamation liability exceeds the performance bond currently held by <br />the Division due to 85.7 acres north of Meehan Draw (see Map 2.05.4-1) that are permitted <br />for disturbance but that NHN does not anticipate to disturb during the next permit term. <br />NHN has committed to post an adequate bond prior to disturbance of this area. See Section <br />3.02.2 for the cumulative bond schedule. <br /> <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the New Horizon North permit area (Section 2 . 04.12). The decision was based on a letter <br />from the Natural Resource Conservation Service (NRCS) dated May 8, 2009 (Appendix <br />2 .04.12-1) stating that no prime farmland mapping units are found within the permit area <br />(2.07.6(2)(k)). Seven different soil mapping units are mapped within the permit area. One <br />of these seven units, 71, Nyswonger silty clay loam, 1 to 4 percent slopes, is designated as <br />"prime farmland if irrigated." There is no historical evidence showing that this soil map <br />unit within the permit boundary has ever been irrigated (2.07.6(2)(k)). <br />