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any operations which are currently in violation of any law, rule, or regulation of the United <br /> States, or any State law, rule, or regulation, or any provision of the Surface Mining Control <br /> and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act(2.07.6(2)(g)(i)). <br /> 8. The operator does not control and has not controlled mining operations with a demonstrated <br /> pattern of willful violations of the Act of such nature, duration, and with such resulting <br /> irreparable damage to the environment as to indicate an 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 under <br /> this permit will not be inconsistent with other such operations anticipated to be performed in <br /> 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 renewal to <br /> be$2,522,994.00. The Division currently holds a$1,685,639.00 performance bond,in the form <br /> of a corporate surety. <br /> 11. The Division has made a positive determination for the presence of prime farmland within <br /> two portions of the permit area. The determinations are based on letters from the USDA <br /> National Resource Conservation Service as described in Section III. E1 — Prime Farmland <br /> Determination of this document. Details regarding these determinations are provided in <br /> Section B. XVIII of this Findings document(2.07.6(2)(k)). <br /> 12. The Division has made a negative determination for the existence of alluvial valley floors <br /> (AVFs) within the permit area. This determination is based on information provided by the <br /> applicant that demonstrates that the aeolian and sheetwash material along Tuttle and Calamity <br /> Draws does not meet the geomorphic criteria for AVFs. AVFs along the San Miguel are <br /> more than two and one-half miles away and will not be impacted by the New Horizon Mines. <br /> For additional specific findings concerning alluvial valley floors, see Section B, XVII. <br /> (2.07.6(2)(k) and 2.06.8(3)(c)). <br /> 13. The Division hereby approves the post-mining land uses of the operation. It was determined <br /> that cropland-irrigated alfalfa hay, irrigated pastureland, pastureland-irrigated swales, <br /> dryland pasture, rangeland-undisturbed, developed water resource-ponds and commercial- <br /> roads meet the requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). <br /> 14. Specific approvals have been granted. These approvals are addressed in Section B <br /> (2.07.6(2)(m)). <br /> 15. Two federally listed endangered species were recorded in the original baseline survey, and <br /> as of this date, only the bald eagle is listed as a threatened species. <br /> The bald eagle has been identified as a winter resident in the San Miguel River Valley. No <br /> communal roosting and/or feeding areas were identified. Therefore, due to the lack of these <br /> areas and the proximity of the town of Nucla, impacts to this species are precluded. <br /> 21 <br />