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<br />6. FOf this underground mining operation the documentation specified by <br />Rule 2.03.6(?), whether private mineral estate has been severed from <br />private surface estate, is not required (2.07.6<2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from <br />other state and federal agencies as a result of the Section 3w-33-ii4(3i <br />compliance review required by the Colorado Surface Coal Mining <br />Reclamation Act, the Division finds that Energy fuels Mining Company does <br />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 <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. The applicant does not control and has not controlled mining operations <br />with a demonstrated pattern of willful viola*.ions of the Act of such <br />nature, duration, and with such resulting irreparable damage to the <br />environment as to indicate an intent not to comply with the provisions of <br />the Act (2.07.6(2)(h)). <br />9. The Division finds that reclamation operations to be performed under this <br />permit will not be inconsistent with other such operations anticipated to <br />be performed in areas adjacent to the permit area (2.07.6(2)(i>>. <br />10. 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 />SCS that demonstrates that no prime farmland mapping units are found <br />within the permit area (2.07.6(2)(k)). <br />Il. Based on information provided in the application the Division has <br />determined that an alluvial valley floor exists within the permit or <br />adjacent area. The alluvial valley floor is known as The Raton Creek AVF <br />and will not be affected by Mining and Reclamation Activities (2.07.6(2) <br />and 2.06.8(3)(C>). <br />For additional specific findings concerning this alluvial valley floor <br />please see Section 8, XVII. <br />12. The Division hereby approves the post-mining land use of the operation. <br />It was determined that Rangeland meets the requirements of Rule 4.16 for <br />the permit area at the mine site (2.07.6(2)(1)). The loadouts will be <br />returned to their former pre-mining industrial use. <br />13. 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 />14. 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 />15. The Division has contacted the Office of Surface Mining, Reclamation <br />Fees Branch. As of this time, Energy Fuels Mining Company, the operator <br />is current in the payment of reclamation fees required by 30 CFR <br />Chapter VII, subchapter R (2.07.6(2)(0)). <br />-10- <br />