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<br /> <br /> <br /> <br /> 24 <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 Blue Mountain <br />Energy, Inc does not own or control any operations which are currently in violation of any <br />law, rule, or regulation of the United States, or any State law, rule, or regulation, or any <br />provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br />Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br /> <br />8. Blue Mountain Energy, Inc does not control and has not controlled mining operations with <br />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 <br />with the 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 $5,801,566.00 (please see the attached DRMS Reclamation Cost Estimate dated <br />2/12/19 at the end of this document). The Division currently holds a $5,808,383.08 <br />performance bond for the Deserado Mine. Blue Mountain Energy, Inc does not need to <br />submit an additional performance bond prior to issuance of a renewed permit <br />(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 pre-application investigation of the soils <br />found within the proposed permit area. Pursuant to 2.04.12(2) criteria, the applicant has <br />provided information which demonstrates that lands within the permit area, which could <br />be used as cropland, are not irrigated or naturally sub-irrigated, have no dependable water <br />supply of adequate quality, and receive less than 14 inches of annual precipitation. <br />Therefore, the Division hereby renders a negative determination for the presence of prime <br />farmland within the permit area (2.07.6(2)(k)). <br /> <br />12. The Division has made a determination for the existence of alluvial valley floors (AVF) <br />within the permit area. Based on information provided in the application, the Division has <br />determined that an AVF exists within the permit or adjacent area. The AVF is adjacent to <br />the White River. A surface water lagoon and associated access roads and water line <br />facilities have been constructed on an undeveloped portion of the AVF that is not <br />significant to farming near the confluence of Scullion Gulch and the White River. Alluvial <br />water level and quality is monitored in this vicinity. The Kenney Reservoir, which is to the <br />south west of the mine site and beyond the permit area, has inundated a significant portion <br />of the AVF within the permit area. The Division finds that the proposed surface coal <br />mining operation will have no effect to the AVF (2.07.6(2)(k) and 2.06.8(3)(c)). <br /> <br /> For additional specific findings concerning this alluvial valley floor please see Section B, <br />XVII. <br />