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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 reviewrequired by the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that BRL does not own <br />or control any operations which are currently in violation of any law, rule, or regulation of <br />the United States, or any State law, rule, or regulation, or any provision of the Surface <br />Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation <br />Act (2.07.6(2)(g)(i)). <br />8. BRL does not control andhasnot controlled miningoperationswith a demonstratedpattem <br />of willful violations of the Act of such nature, duration, and with such resulting irreparable <br />damage to the environment as to indicate an intent not to comply with the provisions of the <br />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 $1,460,811.58. The Division currently holds a $3,315,000.00 performance bond for <br />the Bowie No. 1 Mine (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 letters from the Natural Resources <br />Conservation Service that demonstrate that no prime farmland mapping units are found <br />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 exists within the permit or adjacent area. The alluvial valley floors are <br />known as the North Fork of the Gunnison River alluvial valley floor and the Terror Creek <br />alluvial valley floor. <br />a) Pursuant to Rule 2.06.8(5)(a)(i), the Division finds that the proposed mining <br />operations will not interrupt, discontinue, or preclude farming on alluvial valley <br />floors (2.06.8(5)). <br />b) Pursuant to Rule 2.05.8(5)(a)(ii), the Division finds that the proposed surface coal <br />mining operations will not materially damage the quantity and quality of water in <br />surface and ground water systems that supply those alluvial valley floors orportions <br />of alluvial valley floors. <br />C) Pursuant to Rule 4.24.2(1), the Division finds that the proposed surface coal mining <br />operation has been designed to preserve the essential hydrologic functions of <br />alluvial valley floors. <br />For additional specific findings concerning this alluvial valley floor please see Section B, <br />XVII. <br />17 <br />