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survey of the cultural resources resides in Appendix K of the permit. Rock site <br /> 5MF948 demonstrates association with prehistoric and native lifeways. The site's <br /> proximity to proposed mining expansion caused the Historical Society to <br /> recommend curtailing expansion into the canyon where the site is located. TMI <br /> completed an analysis of the potential for damage to the site from nearby blasting <br /> operations to determine what if any modifications to the blasting plan may be <br /> required to protect the site. TMI continues to monitor the site for blasting impacts. <br /> No potential for adverse impacts have been recorded to date. This information <br /> comprises Section 3.4.3.1 of the permit and Appendix K, the Archeological section <br /> of the Trapper Permit document. <br /> 5. 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 /> 6. 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 Trapper Mining, <br /> Inc. does not own or control any operations which are currently in violation of any law, <br /> rule, or regulation of the United States, or any State law, rule, or regulation, or any <br /> provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br /> Coal Mining Reclamation Act and the applicant is eligible to receive a permit <br /> (2.07.6(2)(g)(1)). <br /> 7. On 8 July 2022, on 21 November 2022 and again on 29 December 2022, the Division <br /> queried the Office of Surface Mining Applicant Violator System. The system <br /> recommendation for the proposed application was "issue." <br /> 8. 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 <br /> 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)(0). <br /> 10. The Division estimates the reclamation liability for mining operations in this permit term <br /> to be $35,235,411.00. The Division currently holds a performance bond of <br /> $45,100,000.00 (TR132), for Trapper Mining,Inc. This RN8 revised cost estimate <br /> (attached), is less than the current bond held(2.07.6(200)), and adequate should DRMS be <br /> required to reclaim the site. The applicant must maintain the required performance bond <br /> for the permit to be renewed in accordance (2.07.6(2)(j)). <br /> 11. The Division has made a negative determination for the presence of prime farmland within <br /> the permit area. The decision,based on a pre-application investigation of soils found <br /> within the proposed permit area. Pursuant to 2.04.12(2) criteria, the applicant has <br /> provided information demonstrating that lands within the permit area possessing <br /> 14 <br />