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overlay gateroad 6R, and experienced roughly 4 inches of subsidence. Twentymile Coal <br /> Company conducted repairs to the smaller residence in accordance with the subsidence <br /> agreement with the Ashley's in the fall of 1999. The residence owned by Twentymile <br /> Coal Company also overlay gateroad 6R. This structure was not monitored for <br /> subsidence impacts and will not undergo any mitigative measures as a result of <br /> subsidence. <br /> 5. On the basis of information obtained from the State Historic Preservation Office (SHPO) <br /> and archeological and cultural resource surveys submitted by the applicant, the Division <br /> finds that subject to valid existing rights as of August 3, 1977, the mining operation will not <br /> adversely affect any publicly owned park or place listed on or eligible for listing in the <br /> National Register of Historic Places as determined by the State Historic Preservation Office. <br /> 6. For this underground mining operation, there will be no circumstances involving the surface <br /> mining of coal or where underground mining activities concurrently involve the surface <br /> mining of coal; therefore, the documentation specified by Rule 2.03.6(2)is not required. <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 Twentymile Coal <br /> Company does not own or control any operations which are currently in violation of any <br /> law, 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 Coal <br /> Mining Reclamation Act(2.07.6(2)(g)(I)). <br /> 8. Twentymile Coal Company 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 intent not to comply with the <br /> 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. At the time of issuance of this proposed decision for RN-08, the Division holds a <br /> reclamation performance bond for the Foidel Creek Mine in the amount of$10,943,632.00 <br /> in the form of four corporate surety bonds. During the RN-08 review, the Division examined <br /> the bond document and updated the estimated cost of reclamation for the worst-case <br /> disturbance that will occur during the 2023 - 2028 permit term. The amended reclamation <br /> cost estimated by the Division is $12,660,164.00. This amount represents the Division's <br /> estimate of the cost of reclamation. It does not reflect any bond release for reclamation work <br /> completed by the operator(2.07.6(2)(k)). Twentymile Coal, LLC must submit an additional <br /> $1,720,312.45 performance bond is due to the Division within 30 days of the date of receipt <br /> of this letter. Otherwise, please provide the Division with a reason the increase is not <br /> warranted. <br /> Foidel Creek Mine 24 August 4,2023 <br />