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<br />33 <br /> <br />ERO Resources Corporation of Durango, CO (added to the PAP as Exhibit 10f). <br /> <br />6. The operator proposes no surface mining of coal; therefore, the documentation specified <br />by Rule 2.03.6(2) is not required [2.07.6(2)(f)]. <br /> <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 MCC, as of <br />August 24, 2018 does not own or control any operations which are currently in violation of <br />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)]. MCC's compliance review information <br />was verified through the use of OSM’s AVS. <br /> <br />8. MCC 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 /> <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 /> <br />10. The Division estimates the reclamation liability for mining operations in this permit term <br />to be $14,401,087.58. The Division currently holds a $15,000,000.00 performance bond <br />for the West Elk Mine. No additional performance bond is required (2.07.6(20(j)). <br /> <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the part of the permit area that existed prior to PR-10, based on a letter dated October 10, <br />1980, from the Soil Conservation Service that demonstrates that no prime farmland <br />mapping units are found within the permit area, updated with letters from the US Forest <br />Service and the Natural Resources Conservation Service on November 23, 2005, finding <br />no prime farmland within the West Flatiron lease area. The Division made a negative <br />determination for the presence of prime farmland within the parts of the permit area <br />proposed for addition in PR-12 and PR-15, based on the absence of land that has <br />historically been used for cropland [2.07.6(2)(k)]. <br /> <br />12. The Division has made a negative determination regarding alluvial valley floors within the <br />permit area [2.07.6(2)(k) and 2.06.8(3)(c)]. <br /> <br /> For additional findings concerning alluvial valley floors please see Section B, XVII. <br /> <br />13. The Division hereby approves the post mining land uses of rangeland and wildlife habitat <br />for this operation. It was determined that these uses meet the requirements of Rule 4.16 <br />for the permit area [2.07.6(2)(1)]. <br /> <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in <br />the following section, Section B [2.07.6(2)(m)].