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Coal Mining Reclamation Act(2.07.6(2)(g)(i)). <br /> 8. Oxbow Mining, LLC 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)). <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 /> 10. The Division estimates the reclamation liability for mining operations in this permit term <br /> to be $203,796. The Division currently holds a $290,000.00 performance bond for the <br /> Terror Creek Loadout(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 mapping by the U.S. Soil Conservation Service <br /> which demonstrates that no prime farmland mapping units are found within the permit area <br /> (2.07.6(2)(k)). <br /> 12. Based on information provided in the application the Division has determined that an <br /> alluvial valley floor exists within the permit or adjacent area. The alluvial valley floor is <br /> known as the North Fork of the Gunnison River Alluvial Valley Floor and exists adjacent <br /> to the permit area(2.07.6(2)(k) and (2.06.8(3)(c)). <br /> For additional specific findings concerning this alluvial valley floor please see Section B, <br /> XVII. <br /> 13. The Division approved the post-mining land use of"Commercial or Industrial". It was <br /> determined that this land use meets the requirements of Rule 4.16 for the permit area <br /> (2.07.6(2)(1)). <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 /> 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)). <br /> 16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As of <br /> this time the operator, Oxbow Mining, LLC, is current in the payment of reclamation fees <br /> required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(o)). <br /> - II - <br />