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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 34-33-1 l4(3) compliance review required by <br />the Colorado Surface Coal Mining Reclamation Act, the Division finds that the Marr <br />Mine 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 <br />any provision of the Surface Mining Control and Reclamation Act or the Colorado <br />Surface Coal Mining Reclamation Act. (2.07.6(2)(g)(i)). <br />8. The applicant or operator does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such nature, duration, <br />and with such resulting irreparable damage to the environment as to indicate an intent <br />not to comply 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)(1)). Marr is not alone in <br />mining coal on Jackson County rangeland. The Canadian Strip permit area adjoins the <br />Marr permit area to the south; the Bourg Mine is located several miles north. <br />10. The Division has examined the existing bond in the form of a corporate surety, in the <br />amount $5,500,000.00. The Division and Kerr Coal are refining the reclamation liability <br />calculations at the time of the issuance of these findings. Stipulation No. 20 has been <br />added to the issuance of this renewal. This stipulation requires Kerr Coal Co. to <br />continue to work with the Division to refine the reclamation liability calculations. <br />The above bond amount reflects the Division's projection of reclamation costs for Pit ] <br />and the 720 Pit worst-case disturbance (2.07.6.(2)(j)). <br />11. The Division has made a negative determination for the presence of prime farmland <br />within the permit area. The decision was based on evidence provided by the Soil <br />Conservation Service that demonstrates that no prime farmland mapping units are <br />found within the permit area. (2.07.6(2)(k)). <br />12. Based on information provided in the application the Division has determined that four <br />alluvial valley floors exist within the permit or affected area. The alluvial valley floor is <br />found along the Illinois River, the Canadian River, Bolton Draw and Sudduth Draw <br />and will be minimally affected by Marr mining activity. (2.07.6(2)(K) and 2.06.8(3)(C)). <br />For additional specific findings concerning this alluvial valley floor please see Section <br />B, XVII. <br />13. The Division has approved the post-mining land use of the operation. It was <br />determined that "Rangeland/Wildlife" habitat meets the requirements of Rule 4.16 for <br />Marr Strip Mine, C-80-006 19 December 9, 1992 <br />