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any operations which are currently in violation of any law, rule, or regulation of the United <br />States, or any State law, rule, or regulation, or any provision of the Surface Mining Control <br />and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />8. The operator does not control and has not controlled mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and with such resulting <br />irreparable damage to the environment as to indicate an intent not to comply with the <br />provisions of the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed under <br />this permit will not be inconsistent with other such operations anticipated to be performed in <br />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 renewal to <br />be $4,263,779.39. The Division currently holds a $5,300,000.00 performance bond, in the form <br />of a self -bond. <br />11. The Division has made a positive determination for the presence of prime farmland within <br />two portions of the permit area. The determinations are based on letters from the USDA <br />National Resource Conservation Service as described in Section III. E1 — Prime Farmland <br />Determination of this document. Details regarding these determinations are provided in <br />Section B. XVIII of this Findings document (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley floors <br />(AVFs) within the permit area. This determination is based on information provided by the <br />applicant that demonstrates that the aeolian and sheetwash material along Tuttle and Calamity <br />Draws does not meet the geomorphic criteria for AVFs. AVFs along the San Miguel are <br />more than two and one-half miles away and will not be impacted by the New Horizon Mines. <br />For additional specific findings concerning alluvial valley floors, see Section B, XVII. <br />(2.07.6(2)(k) and 2.06.8(3)(c)). <br />13. The Division hereby approves the post -mining land uses of the operation. It was determined <br />that cropland -irrigated alfalfa hay, irrigated pastureland, pastureland -irrigated swales, <br />dryland pasture, rangeland -undisturbed, developed water resource -ponds and commercial - <br />roads meet the requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). <br />14. Specific approvals have been granted. These approvals are addressed in Section B <br />(2.07.6(2)(m)). <br />15. Two federally listed endangered species were recorded in the original baseline survey, and <br />as of this date, only the bald eagle is listed as a threatened species. <br />The bald eagle has been identified as a winter resident in the San Miguel River Valley. No <br />communal roosting and/or feeding areas were identified. Therefore, due to the lack of these <br />areas and the proximity of the town of Nucla, impacts to this species are precluded. <br />20 <br />