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if any archaeological or cultural resources are discovered during RAG Empire's mining <br />activities. <br />6. For this surface mining operation, private mineral estate has been severed from private <br />surface estate; therefore, the documentation specified by Rule 2.03.6(2) has been provided <br />in descriptions of lease numbers, sublease agreements, warranty deeds, and quit claim <br />deeds in the permit pages. (2.07.6(2)(f)). <br />On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-1 14(3) compliance review required by the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that RAG Empire <br />Corporation's parent company, RAG American Coal Holding, Inc., does not own or control <br />any operations which are currently in violation of any law, rule, or regulation of the United <br />States, or any State law, rule, or regulation, or any provision of the Surface Mining Control <br />and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(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 irrepazable damage to the environment as to indicate an intent not to comply <br />with the provisions of the Act (2.07.6(2)(h)). <br />9. Pursuant to Rule 2.07.6(2)(1), the Division finds that the Eagle No. 5 and No. 6 Mines will <br />not be inconsistent with other operations anticipated to be perform~,d in areas adjacent to <br />the proposed permit area. Therefore, the application is in compliance with the <br />requirements of this section for the Eagle No. 5 and 6 Mines. <br />The Trapper Mine is adjacent to the Eagle Mines No. 5 and 6. The Trapper Mine has <br />finished extracting coal from the Colt Pit, located above the proposed Eagle No. 6 Mine's <br />underground workings in T6N, R91 W, Section 32. The seams being mined aze strati- <br />graphically separated by an excess of 1,000 feet. Trapper Mine completed surface mining <br />in the Colt Pit prior to any mining occurring within the Eagle No. fi Mine in areas which <br />could potentially cause subsidence disruption of the stratigraphic section to be mined <br />within the surface pit. Backfilling, grading, topsoiling, and seeding; of the Colt Pit <br />occurred during the fall of 1993. The underground workings of th<: Eagle No. 6 Mine <br />progressed into TSN, R91 W, Section 5, during the fall of 1993. <br />10. The Division currently holds a bond of $3,552,679.00 in the form ~>f a corporate surety and <br />an attached rider. The Division estimated the cost of reclamation to be $3,552,679.00 on <br />June 30, 1998. This bond is adequate to cover estimated liability for reclamation on the <br />permitted operation. <br />The above bond amount reflects the Division's projection of reclanzation costs for worst- <br />case disturbance which will occur during the proposed permit tern'n. It also reflects <br />100 percent bond release from reclamation work completed by the operator in 1990 at the <br />15 <br />