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The Division queried the National Applicant/Violator System (AVS) on July 16, 2020, and <br />found no violations associated with the operator, the permittee, or any of the officers <br />associated with GCC Energy, Inc. A second query was conducted on October 27, 2020, <br />with the result of no violations associated with the operator, the permittee, or any of the <br />officers associated with GCC Energy, Inc. <br />8. GCC Energy, 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 $1,017,579.78. The Division currently holds a $1,017,579.78 performance bond for <br />the King Coal Mine. No additional surety is required at this time. (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 NRCS soil maps for the area demonstrate that <br />no prime farmland mapping units are found within the permit area (2.07.6(2)(k)). <br />https://www.nres.usda. ovg /Ms/portal/nres/main/soils/survey <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 Hay Gulch and will be minimally affected by the King Coal Mine (2.07.6(2)(k) <br />and 2.06.8(3)(c)). <br />Two of the proposed parcels are adjacent to East Alkali Gulch (Section 23, Sec 26 ). Soils <br />in the lower sections of East Alkali Gulch are Nutrioso loam, and Umbarg Loam. Both <br />these soil types may be considered Prime farmland if irrigated. The proposed revision <br />does not anticipate any surface disturbance. <br />For additional specific findings concerning this alluvial valley floor please see Section B, <br />XVII. <br />13. The Division hereby approves the post -mining land use of the operation. It was <br />determined that the post -mine land use will not change from the pre -mine land use. The <br />approved post -mine land use for the five PR10 parcels are rangeland, fish and wildlife <br />habitat, and undeveloped land. The five parcels proposed to be included in PR10 are not <br />proposed to be disturbed. These parcel may be affected by underground workings, but no <br />surface disturbance is proposed. The proposed post -mining land uses meet the <br />requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). <br />10 <br />