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8. McClane Canyon Mining, LLC does not control and has not controlled mining operations <br />with a 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 with <br />the provisions of the 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 performed <br />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 $474,715.32. Included in this Findings Document is the Division's reclamation cost <br />estimate dated September 5, 2018. The Division currently holds a $445,618.31 performance <br />bond for the McClane Canyon Mine. McClane Canyon Mining, LLC must submit an additional <br />$29,097.01 in performance bond prior to issuance of a renewed permit (2.07.6(200)). <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 soil survey and land use information in the permit <br />application document indicating that land in the permit area has not been historically used as <br />cropland. No lands in the permit area are surface irrigated, and alluvial water along East Salt <br />Creek in the vicinity of the mine exhibits high salinity levels which would preclude production of <br />crops dependent on subirrigation. A December 1980, letter from the Soil Conservation Service in <br />Appendix L of the application confirms that no prime farmlands had been identified within the <br />proposed surface disturbance 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 (AVF) exists within the permit and adjacent area. The alluvial valley floor is <br />known as East Salt Creek, and a portion of the AVF has been affected by office facility <br />construction (2.07.6(2) and 2.06.8(3)(c)). <br />For additional specific findings concerning this alluvial valley floor please see Section B, <br />XI. <br />13. The Division hereby approves the post -mining land use of the operation. It was determined <br />that rangeland/wildlife land uses meet the requirements of Rule 4.16 for the permit area <br />(2.07.6(2)(1)). <br />14. Specific approvals required under Rule 4 are addressed in section B (2.07.6(2)(m)). <br />15. The Division finds that the activities proposed by the applicant would not affect the continued <br />existence of endangered or threatened species or result in the destruction or adverse modification of <br />their critical habitats (2.07.6(2)(n)). In 2005, both the Colorado Division of Wildlife (DOW) and the <br />U.S. Fish and Wildlife Service (USFWS) were notified of Permit Renewal No. 6, and concerns were <br />specifically solicited with respect to potential effects of the operation on endangered or threatened <br />species of plants or animals. Responses were received from both agencies, and information was <br />provided by the operator to address the identified concerns. <br />During the course of the RN-06/TR-15 review in 2005 and 2006, OSM prepared a Biological <br />Assessment addressing the potential effects of the operation on federally listed (threatened and <br />endangered) and candidate species. OSM also initiated formal consultation with the USFWS, due <br />to the adverse effects of water depletions to the upper Colorado River on the endangered fish species <br />