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8. Colorado Yampa Coal Company does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irrepazable damage to the environment as to indicate an intent not to comply with the provisions of the Act (2.07.6(2)(h)). 9. The Division finds that surface coal mining and reclamation operations to be performed under this permit will be consistent with other such operations anticipated to be performed in areas adjacent to the permit area (2.07.6(2)(1)). 10. The Division currently holds two corporate sureties from Aetna Casualty and Surety Company. Bond 645100208573BCA in the amount of $7,585,393.00 and bond 64S100208568BCA in the amount of $3,000,000.00 adequately cover the cost to perform any and all remaining reclamation activities at the Eckman Part complex. Details concerning bond release parcels and associated acreages can be found in the Division files (2.07.6.(2)(j)). Two bond release applications were approved during 1996. Surety Release No. 3, SL-03, was approved on October 31, 1996. This bond release approved Phase II and III release of 173 acres of reclaimed pasture known as Mining Area 31. The Division approved reduction in the bond in the amount of $34,600.00 for successful reclamation of this portion of the permit. Surety Release No. 5, SL-O5, was approved by the Division on December 6, 1996. Surety Release No. 5 approved Phase 1 Bond Release on 601 acres for successful backfilling and grading. The Division approved bond release in the amount of $4,645,843.00. The reclamation bond remaining afrer approval of SL-03 and SL-OS is $5,904,950.00. This is sufficient bond for remaining reclamation activities and maintenance associated with the site. As of the Permit Renewal No. 3 Proposed Decision date, CYCC has not provided a replacement bond to the Division reflecting the approved bond releases. l 1. The Division has made a negative determination for the presence of prime fazmland within the permit area. The decision was based on the publication "Important Farmlands Inventory of Colorado" USDA, Soil Conservation Service, Denver, Colorado, October 1982. It states that no prime fazmland mapping units are found within the permit azea or within Routt county. It is also based on a correspondence from Mr. Charles Betts, USDA Soil Conservationist for Routt county dated August 15, 1979 (2.07.6(2)(k)). 12. Based on information provided in the application, the Division has determined that alluvial valley floors (AVF) exist within the permit or adjacent area. The alluvial valley floors aze known as the Fish Creek AVF, the Foidel/Middle Creek AVF, and the Trout Creek AVF. Based on information provided by CYCC the Division finds that for all of the above AVF's: 18