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Coal Mining Reclamation Act(2.07.6(2)(g)(i)). <br /> 8. Blue Mountain Energy, Inc does not control and has not controlled mining operations with <br /> a demonstrated pattern of willful violations of the Act of such nature, duration, and with <br /> such resulting irreparable damage to the environment as to indicate an intent not to comply <br /> 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 $10,622,345.00 (please see the attached DRMS Reclamation Cost Estimate dated <br /> 6/26/2024 at the end of this document). The Division currently holds $8,950,000.00 in a <br /> performance bond for the Deserado Mine. Blue Mountain Energy, Inc will need to submit <br /> an additional $1,672,345 in performance bond prior to issuance of a renewed permit <br /> (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 a pre-application investigation of the soils <br /> found within the proposed permit area. Pursuant to 2.04.12(2) criteria, the applicant has <br /> provided information which demonstrates that lands within the permit area, which could <br /> be used as cropland, are not irrigated or naturally sub-irrigated, have no dependable water <br /> supply of adequate quality, and receive less than 14 inches of annual precipitation. <br /> Therefore, the Division hereby renders a negative determination for the presence of prime <br /> farmland within the permit area(2.07.6(2)(k)). <br /> 12. The Division has made a determination for the existence of alluvial valley floors (AVF) <br /> within the permit area. Based on information provided in the application,the Division has <br /> determined that an AVF exists within the permit or adjacent area. The AVF is adjacent to <br /> the White River. A surface water lagoon and associated access roads and water line <br /> facilities have been constructed on an undeveloped portion of the AVF that is not <br /> significant to farming near the confluence of Scullion Gulch and the White River. Alluvial <br /> water level and quality is monitored in this vicinity. The Kenney Reservoir,which is to the <br /> south west of the mine site and beyond the permit area,has inundated a significant portion <br /> of the AVF within the permit area. The Division finds that the proposed surface coal <br /> mining operation will have no effect to the AVF (2.07.6(2)(k) and 2.06.8(3)(c)). <br /> For additional specific findings concerning this alluvial valley floor please see Section B, <br /> XVII. <br /> 13. The Division hereby approves the post-mining land use of the operation. It was <br /> determined that livestock grazing and wildlife habitat uses meet the requirements of Rule <br /> 4.16 for the permit area (2.07.6(2)(1)). <br /> 14. Specific approvals have been granted or are proposed. These approvals are addressed in <br /> xxiii <br />