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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 Snowcap Coal Company, Inc <br /> does not own or control any operations which are currently in violation of any law, rule, or <br /> regulation of the United States, or any State law, rule, or regulation, or any provision of the <br /> Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br /> Reclamation Act (2.07.6(2)(g)(i)). The Federal Applicant Violator System (AVS) was <br /> consulted on September 9, 2022, and again on October 7, 2022, with the results from both <br /> consultations that there were no outstanding violations associated with any of the owners or <br /> controlling interests. <br /> 8. Snowcap Coal Company, Inc. does not control and has not controlled mining operations <br /> with a demonstrated pattern of willful violations of the Act of such nature, duration, and <br /> with such resulting irreparable damage to the environment as to indicate an intent not to <br /> comply 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 $48,812.00. The Division currently holds a$65,702.26 performance bond for the <br /> Roadside Portals. Snowcap Coal Company, Inc. holds an adequate bond for the Roadside <br /> Portals operation. No additional bond 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 information from the Natural Resources <br /> Conservation Service and the permit application, Volume 2, Tab 9. No land within the <br /> permit area is irrigated on a regular basis. Average annual precipitation is about nine <br /> inches, and much of the land slope exceeds ten percent. The Mesa County Soil <br /> Conservation Service survey shows no soil mapping units designated as potential prime <br /> farmlands. Pursuant to Rule 2.07.6(2)(k),the Division finds the proposed operation in <br /> compliance with the requirements of Prime Farmland. <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 Colorado River and Rapid Creek. The Colorado River has been affected by <br /> the facilities area, unit train loadout, and the conveyor. Mining occurred beneath Rapid <br /> Creek. Two hundred to five hundred-foot-wide protective pillars were left intact beneath <br /> Rapid Creek to mitigate potential impacts. Surface water flow monitoring and monitoring <br /> of alluvial water levels is conducted upstream and downstream from mining activity on <br /> Rapid Creek. Alluvial water level and quality is also monitored in the Colorado River <br /> alluvium, in the vicinity of the Unit Train Loadout. The Division finds that the applicant <br /> has satisfied all applicable requirements of 2.06.8 (2.07.6(2)(k). <br /> 19 <br />