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VIII. Willful Violations <br /> Colowyo, and all persons who own or control Colowyo, do not control and have not controlled <br /> mining 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 intent <br /> not to comply with the provisions of the Act(Rule 2.07.6(2)(h)). <br /> IX. Inconsistent Operations <br /> 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 (Rule 2.07.6(2)(i)). <br /> X. Performance Bond <br /> Detailed reclamation cost estimates and liability information can be found in Exhibit 13 and <br /> Exhibit 13C of the PAP. A review of Division files indicates that the Division currently holds <br /> surety bond for activity within the permit area in the amount of $130,000,00.00 (Rule <br /> 2.07.6(2)(j)). <br /> The Division has determined that for the Permit Renewal No. 8 permit term from November 5, <br /> 2022 through November 5, 2027, the currently held surety of $130,000,000.00 is inadequate to <br /> ensure reclamation in the event of permit revocation and bond forfeiture based upon the currently <br /> approved mining and reclamation plans. Per Rule 3.02.1(6), Colowyo has elected to file a <br /> cumulative bond schedule for the permit term and not the life of the Mine. For the Colowyo <br /> Mine, the Division has determined the reclamation liability for the 2022 — 2027 permit term <br /> is $155,594,849.00. The difference between this amount for the permit term and the current <br /> bond held is $25,594,849.00. This amount of $25,594,849.00 may be submitted with a single <br /> bond rider or may be submitted incrementally per Rules 3.02.1(5)(b) and 3.02.1(6). <br /> XI. Prime Farmland & Alluvial Valley Floors <br /> The Division has made a negative determination for the presence of prime farmland within the <br /> permit area. The decision was based on a letter from the Soil Conservation Service (now the <br /> Natural Resources Conservation Service or NRCS) that demonstrated that no prime farmland <br /> mapping units are found within the permit area. This letter is dated December 18, 1980 and can <br /> be found in Exhibit 9 of the PAP (Rule 2.07.6(2)(k)). <br /> Based on information provided in the PAP, the Division has determined that alluvial valley <br /> floors exist within the permit or adjacent areas. These alluvial valley floors are affiliated with <br /> Good Spring Creek, Wilson Creek and Lower Elkhorn Creek. None of the four designated <br /> alluvial valley floors are within the area to be mined; therefore, mining operations will not cause <br /> direct disturbance to any alluvial valley floors. Any mining impact that might occur will be <br /> Proposed Decision and Findings of Compliance January 5,2023 <br /> Permit Renewal No. 8 Page 132 <br />