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. On the basis of evidence submitted by the applicant and received from <br />other state and federal agencies as a result of the Section 34-33-114(3) <br />• compliance review required by the Colorado Surface Coal Mining <br />Reclamation Act, the Division finds that Somerset Mining Company does not <br />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 <br />regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2~(g)(i)). <br />8. Somerset Mining Company does not control and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act <br />of such nature, duration, and with such resulting irreparable damage to <br />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 <br />be performed under this permit will not be inconsistent with other such <br />operations anticipated to be performed in areas adjacent to_the permit <br />area (2.01.6(2)(1)). <br />10. The Division currently holds an approved bond in the form of a Letter of <br />Credit in the amount of $575,000.00. Somerset Mining Company has <br />submitted a-596,000.00 Certificate of Deposit to bond the additional <br />disturbance for Sanborn Creek Mine, bringing the total bond amount to <br />5671,000.00 The bond is currently being reevaluated as a process of the <br />midterm review. <br />• The above total bond amount reflects the Division's projection of <br />reclamation costs for maximum disturbance which will occur during the <br />proposed permit term. <br />11. The Division has made a negative determination for the presence of prime <br />farmland within the permit area. The decision was based on a letter from <br />the USDA Soil Conservation Service that demonstrates that no prime <br />farmland mapping units are found within the permit area (2.07.6(2><k)). <br />12. The Division has made a negative determination for the existence of <br />alluvial valley floors within the permit area. This determination is <br />based on information provided by the applicant which demonstrates that <br />none of the land within the permit area has been historically used as <br />cropland (2.07.6(2)(k) and 2.06.6(3)(c>>. <br />13. The Division hereby approves the post-mining land use of the operation. <br />It was determined that undeveloped land meets the requirements of <br />Rule 4.16 for the permit area.(2.U7.6(2)(1>). <br />14. Specific approvals have been granted or are proposed. These approvals <br />are addressed in the following section, Section B (2.07.6(2)(m)). <br />15. The Division finds that the activities proposed by the applicant would <br />not affect the continued existence of endangered or threatened species or <br />result in the destruction or adverse modification of their critical <br />• habitats (2.07.6(2)(n)). <br />-10- <br />