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5. On the basis of information submitted by The Colorado Historical Society in the form <br /> of a letter received June 17, 1996,from James E. Hartmann, State Historic Preservation <br /> Officer, the Division finds that, subject to valid existing rights as of August 3, 1977, the <br /> mining operation will not adversely affect any publicly owned park or place listed on the <br /> National Register of Historic Places (2.07.6(2)(e)(i)). <br /> 6. For this surface mining operation, private mineral estate has been severed from private <br /> surface estate in some cases; therefore, the documentation specified by Rule 2.03.6(2) <br /> has been provided in Section 2.03.6 of the New Horizon 2 permit application <br /> (2.07.6(2)(f)). <br /> 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 34-33-114(3) compliance review required by <br /> the Colorado Surface Coal Mining Reclamation Act, the Division finds that Western <br /> Fuels-Colorado, a Limited Liability Company, does not own or control any operations <br /> which are currently in violation of any law, rule, or regulation of the United States, or <br /> any State law, rule, or 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)(8)(i))• <br /> 8. The operator 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 <br /> such resulting irreparable damage to the environment as to indicate an intent not to <br /> 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)(i)). <br /> 10. The Division has examined corporate sureties in the amount of $1,622,471.00. This <br /> bond has received approval. This bond ammount reflects an increase of$72,471.00 for <br /> the anticipated changes in the "worst case" senario. During the current permit term, the <br /> mine has applied for and received a Phase I bond release which reduced the liability at <br /> the mine by $163,637.00. The above bond amount reflects the Division's projection of <br /> reclamation costs for worst-case disturbance which will occur during the proposed <br /> permit term. <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 extensive studies performed by <br /> Western Fuels-Colorado, the Division, and NRCS. A letter from NRCS demonstrated <br /> that a prime farmland mapping unit does not exist within the permit area (2.07.6(2)(k)). <br /> 12. The Division has made a negative determination for the existence of alluvial valley <br /> floors (AVFs) within the permit area. This determination is based on information <br /> provided by the applicant which demonstrates that the aeolian and sheetwash material <br /> along Tuttle and Calamity Draws does not meet the geomorphic criteria for AVFs. <br /> AVFs along the San Miguel are more than two-and-a-half miles away and will not be <br /> 15 <br />