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7. Adverse Impacts. On the basis of information submitted by Colowyo Coal Company in the form <br />of five cultural resource inventories and associated reviews and comments (in Exhibit 5 of the <br />permit), the Division finds that, subject to valid existing rights as of August 3, 1977, the mining <br />operation will not adversely affect any publicly owned park or place listed on or eligible for listing in <br />the National Register of Historic Places as determined by the State Historic Preservation Office [in <br />compliance with Rule 2.07.6(2)(e)(I)]. <br />8. Mineral and Surface Estates. Private mineral estate has, in part, been severed from private surface <br />estate. Colowyo owns all private lands to be affected within the Permit area. Documentation in the <br />Permit verifying this is in the form of copies of property deeds [Rule 2.03.6(2)j. <br />D. Applicant/Violator System. On the basis of evidence submitted by the Applicant and received <br />from other state and federal agencies as a result of the Section 34-33-114(3) compliance review <br />required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that neither <br />Colowyo, nor any person who owns or controls Colowyo, nor any surface coal mining and <br />reclamation operation owned by Colowyo, does not own or control any operations which are <br />currently in 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 Colorado <br />Surface Coal Mining Reclamation Act [in compliance with Rule 2.07.6(2)(g)(I)]. <br />E. Willful Violations. Colowyo, and all persons who own or control Colowyo, do not control and <br />have not controlled mining operations with a demonstrated pattern of willful violations of the Act of <br />such nature, duration, and with such resulting irreparable damage to the environment as to indicate <br />an intent not to comply with the provisions of the Act [in compliance with Rule 2.07.6(2)(h)]. <br />F. Inconsistent Operations. The Division finds that surface coal mining and reclamation operations to <br />be performed under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area [in compliance with Rule 2.07.6(2)(I)]. <br />G. Performance Bond. Colowyo proposed to submit a performance bond in accordance with the <br />disturbance. Detailed reclamation cost estimates and liability information can be found in Exhibit 13 <br />of the Permit. A review of Division files indicates that the Division currently holds surety bond for <br />activity within the Permit area in the amount of $33,306,784.00 [in compliance with Rule <br />2.07.6(2)(j)]. The required bond amount, following the approval of Permit Revision 02, is <br />$83,156,939.00. Prior to Colowyo disturbing any additional lands inthe PR-02 area they will submit <br />the additional $49,850,155.00 in bond monies. <br />H. Prime Farmland & Alluvial Valley Floors. The Division has made a negative determination for <br />the presence of prime farmland within the permit area. The decision was based on a letter from the <br />Soil Conservation Service that demonstrated that no prime farmland mapping units are found within <br />the permit area. This letter is dated December 18, 1980 and can be found in Exhibit 9 of the Permit <br />[in compliance with Rule 2.07.6(2)(k)]. <br />Proposed Decision and Findings of Compliance 4 May 2007 <br />Permit Revision 02 Page 29 <br />