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5. On the basis of information submitted by Elk Ridge Mining and Reclamation, LLC in the <br /> form of cultural resources inventories, the Division finds that subject to valid existing <br /> rights as of August 3, 1977, the mining operation will not adversely affect any publicly <br /> owned park or place listed on or eligible for listing in the National Register of Historic <br /> Places as determined by the State Historic Preservation Office (2.07.6(2)(e)(i)). <br /> 6. For this surface mining operation private mineral estate has been severed from private <br /> surface estate, therefore the documentation specified by Rule 2.03.6(2) has been provided <br /> in Appendix 2.03.6-1(a) in the form of a Memorandum of Surface Lease and Purchase <br /> Agreement executed August 7, 2009 between Garvey & Co and the applicant <br /> (2.07.6(2)(f))- <br /> 7. On the basis of evidence submitted by the applicant and received from other state and <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 Elk Ridge Mining <br /> and Reclamation, LLC does not own or control any operations which are currently in <br /> violation of any law, rule, or regulation of the United States, or any State law, rule, or <br /> regulation, or any provision of the Surface Mining Control and Reclamation Act or the <br /> Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br /> 8. Elk Ridge Mining and Reclamation, LLC does not control and has not controlled mining <br /> operations with a demonstrated pattern of willful violations of the Act of such nature, <br /> duration, and with such resulting irreparable damage to the environment as to indicate an <br /> intent not to comply with the provisions of the Act (2.07.6(2)(h)). <br /> The Federal ApplicantNiolator System (AVS) was queried on January 7, 2022. <br /> Additional information was requested of the operator. The operator submitted the <br /> requested information on March 30, 2022. The updated ownership and control <br /> information was provided to OSMRE. <br /> A second query of the AVS was conducted on April 18, 2022. On April 29, 2022 the <br /> Division received a response of"no violations" from the AVS. <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 $908,768. The Division currently holds a$2,617,883.57 performance bond for the <br /> New Horizon North Mine. The Division holds an adequate performance bond for the New <br /> Horizon North Mine permit. (2.07.6(200)). <br /> 11. The Division has made a negative determination for the presence of prime farmland <br /> within the N14N permit area(Section 2.04.12). The decision was based on a letter from <br /> the Natural Resource Conservation Service (NRCS) dated May 8, 2009 (Appendix <br /> 2.04.12-1) stating that no prime farmland mapping units are found within the permit area <br /> 18 <br />