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<br /> <br /> <br /> <br /> 12 <br />not own or control any operations which are currently in violation of any law, rule, or <br />regulation of the United States, or any State law, rule, or regulation, or any provision of the <br />Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act (2.07.6(2)(g)(i)). . <br /> <br />8. Minrec, Inc. does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with <br />such resulting irreparable damage to the environment as to indicate an intent not to comply <br />with the provisions of the Act (2.07.6(2)(h)). The federal applicant violator database was <br />queried on March 8, 2018, and August 31, 2018, with no concerns identified <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 $4,985.25. The Division currently holds a $10,000.00 performance bond for the <br />North Thompson Creek Mine. (2.07.6(20(j)). <br /> <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 a letter from the USDA Soil Conservation <br />Service dated June 18, 1981, (permit page 3-137) stating that no prime farmland mapping <br />units are found within the permit area (2.07.6(2)(k)). <br /> <br />12. The Division has made a positive determination for the existence of alluvial valley floors <br />within the permit or adjacent area. This alluvial valley floor, known as the Roaring Fork <br />Valley, was affected by the loadout. The essential hydrologic functions of this alluvial <br />valley floor were restored by reclamation work [Rule 2.07.6(2)(k) and 2.06.8(3)(c)]. For <br />additional findings concerning this alluvial valley floor, please see Section B, VIII, below. <br /> <br />13. The Division hereby approves the post-mining land use of the operation. It was <br />determined that unimproved rangeland and developed water resource meets the <br />requirements of Rule 4.16 for the permit area (2.07.6(2)(l)). <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)). <br /> <br />15. The Division finds that the activities proposed by the applicant would not affect the <br />continued existence of endangered or threatened species or result in the destruction or <br />adverse modification of their critical habitats (2.07.6(2)(n)). There was no response to <br />coordination initiated with the U.S. Fish and Wildlife Service on this renewal of an <br />existing permit. <br /> <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br />this time, Minrec, Inc., the operator is current in the payment of reclamation fees required <br />by 30 CFR Chapter VII, subchapter R (2.07.6(2)(o)).