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valid existing rights as of August 3, 1977, the mining operation will not adversely affect any publicly owned park or place listed on or eligible for listing in the National Register of Historic Places as determined by the State Historic Preservation Office (2.07.6(2)(d)(vi)). 5. The proposed permit area is not included within an area designated or under study for designation as unsuitable for surface coal mining operations (2.07.6(2)(e)). 6. For this surface mining operation, private mineral estate has not been severed from private surface estate, therefore, the documentation specified by Rule 2.03.6(2) is not required (2.07.6(2)(f))- 7. Applicant Violator System. On the basis of evidence submitted by the applicant and received from other state and federal agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that Seneca Property, LLC does not own or control any operations which are currently in violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)). 8. Seneca Property, LLC does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act (2.07.6(2)(h)). 9. The Division finds that surface coal mining and reclamation operations to be performed under this permit will not be inconsistent with other such operations anticipated to be performed in areas adjacent to the permit area (2.07.6(2)(0). 10. The Division currently holds a corporate surety in the amount of$713,491.06, and proposed to raise the surety as a result of the April 2025 reclamation cost estimate to $737,413. The permit renewal will not be issued until the applicant has submitted the required surety increase (2.07.6(2)(j)). 11. The Division has made a negative determination for the presence of prime farmland within the permit area. The decision was based on data from the Soil Conservation Service list of prime farmlands in the vicinity of the mine, dated September 9, 1992, that demonstrates that no prime farmland mapping units are found within the permit area (2.07.6(2)(k)). 12. The Division has made a negative determination for the existence of alluvial valley floors within the permit area or adjacent areas in the Grassy Creek watershed. This determination is based on information provided by the applicant that demonstrates that poor water quality as well as the limited size and isolation of two potentially sub-irrigated fields precludes those fields from meeting the regulatory criteria of an alluvial valley floor. These fields are located in Annand Draw and Scotchman's Gulch (2.07.6(2) and 2.06.8(3)(C)). The Division has determined there are alluvial valley floors in the Sage Creek watershed. However, the Division finds that impacts of proposed mining operations will not be significant. The proposed mining operations will not interrupt, discontinue, or preclude agricultural activities in the Sage Creek watershed. For additional specific findings concerning alluvial valley floors please see Tab16-3 of the permit document. (2.07.6(2)(k)) 13. The Division hereby approves the post-mining land use of the operation. It was determined that a primary use of livestock grazing and a secondary use as wildlife habitat meets the requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). 14. See Section B below for specific approvals required under Rule 4. 15. Two species of birds identified by the Colorado Parks and Wildlife as species of concern are known to occur within the Yoast permit area: the Tympanuchus phasianellus (sharp- tailed grouse), and the Grus Canadensis (greater sandhill crane). The operation and 9