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encountering previously undiscovered cultural resources within the permit azea. Mining <br />operations have been completed and there is no view disturbance associated with this site. <br />Therefore, this stipulation has been complied with and removed. <br />6. For this surface mining operation, private mineral estate has not been severed from private <br />surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not required <br />(2.07.6(2>(t)>. <br />Applicant V iolator System. On the basis ofevidence submitted by the applicant and received <br />from other state and federal agencies as a result of the Section 34-33-114(3) compliance <br />review required by the Colorado Surface Coal Mining Reclamation Act, with the exception <br />of the debt audit described above necessitating Stipulation No. 36, the Division finds that <br />Seneca Coal Company does not own or control any operations which aze currently in <br />violation of any 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 Reclamation Act or the <br />Colorado Surface Coal Mining Reclamation Act [incompliance with Rule 2.07.6(2)(g)(h)]. <br />8. Seneca Coal Company does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with such <br />resulting irrepazable damage to the environment as to indicate an intent not to comply with <br />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 azeas adjacent to the permit area (2.07.6(2)(1)). <br />10. The Division currently holds a bond in the form of corporate surety bonds totaling <br />$11,673,859.00. The bonds are as follows: <br />National Fire Ins. Co. Of Hartford No. 9264038 $119,000.00 <br />National Fire Ins. Co. Of Hartford No. 9264039 $17,736.00 <br />National Fire Ins. Co. Of Hartford No. 9264088 $3,453,662.00 <br />National Fire Ins. Co. Of Hartford No. 9264191 $1,355,000.00 <br />National Fire Ins. Co. Of Hartford No. 9264508 $6,475,728.00 <br />Seaboard Surety Company No. 309559 $252,733.00 <br />At the time of this permit renewal, these bonds remain in force for the 2007-2012 permit <br />term. <br />With SL-01, the Division approved the release of bonds at the Seneca II Mine totaling <br />$3,679,464.00, leaving a current reclamation liability of $7,160,042.00. This amount does <br />reflect bond release for reclamation work completed and approved with the Phase I bond <br />release (SL-O1). The above bond amount held exceeds the Division's projection of <br />reclamation costs for maximum reclamation requirements which would occur during the <br />proposed permit term. (2.07.6(2)(j)). <br />10 <br />