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the potential for damage to the site from nearby blasting operations to determine what if any <br /> modifications to the blasting plan may be required to protect the site. TMI continues to <br /> monitor the site for blasting impacts. No potential for adverse impacts have been recorded to <br /> date. This information will be submitted to DRMS as part of the upcoming five-year <br /> operating plan to be submitted in the near future and will comprise Section 3.4.3.1 of the <br /> permit. <br /> 6. For this surface mining operation,private mineral estate has not been severed from private <br /> surface estate,therefore,the documentation specified by Rule 2.03.6(2) is not required <br /> (2.07.6(2)(f)). <br /> 7. On the basis of evidence submitted by the applicant and received from other state and federal <br /> agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br /> Surface Coal Mining Reclamation Act, the Division finds that Trapper Mining, Inc. does not <br /> own or control any operations which are currently in violation of any law,rule, or regulation <br /> of the United States, or any State law,rule, or regulation, or any provision of the Surface <br /> Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br /> (2.07.6(2)(g)(i))• <br /> 8. On 11 July 2018, 1 July 2020 and again on 3 August 2020 the Division queried the Office of <br /> Surface Mining Applicant Violator System. The system recommendation for the proposed <br /> application was "issue." <br /> 9. Trapper Mining, 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 such <br /> resulting 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 /> 10. The Division finds that surface coal mining and reclamation operations to be performed under <br /> this permit will not be inconsistent with other such operations anticipated to be performed in <br /> areas adjacent to the permit area(2.07.6(2)(i)). <br /> 11. For PR9,the Division estimated the reclamation liability for mining operations to be <br /> $28,876,204.00. The Division currently holds a$30,500,000.00 performance bond for the <br /> Trapper Mine. This PR9 revised cost estimate (attached), adds no additional monies to the <br /> reclamation liability for this permit term(2.07.6(2)0)). <br /> 12. The Division has made a negative determination for the presence of prime farmland within the <br /> permit area. The decision is based on a pre-application investigation of soils found within <br /> the proposed permit area. Pursuant to 2.04.12(2) criteria, the applicant has provided <br /> information demonstrating that lands within the permit area possessing cropland potential <br /> are not irrigated or naturally sub-irrigated, have no dependable water supply of adequate <br /> quality, and receive less than 14 inches of annual precipitation. Therefore, the Division <br /> hereby renders a negative determination for the presence of prime farmland within the <br /> permit area (2.07.6(2)(k)). <br /> 13. Based on information provided in the application, the Division determined that two alluvial <br /> valley floors (AVFs) exist near the permit area: <br /> 15 <br />