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5. On the basis of information submitted by Pittsburg & Midway in the form of <br />resource survey data, the Division finds that subject to valid existing rights as of <br />August 3, 1977, the mining operation will not adversely affect any publicly owned <br />pazk or place listed on or eligible for listing in the National Register of Historic <br />Places as determined by the State Historic Preservation Office (2.07.6(2)(e)(i)). <br />6. For this surface mining operation private mineral estate has been severed from <br />private surface estate; therefore, the documentation specified by Rule 2.03.6(2) <br />has been provided and has been incorporated in the permit application, Exhibit <br />3.7-1 (2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from other state <br />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 <br />finds that Pittsburg & Midway, as well as any person who owns or controls <br />Pittsburg & Midway, does not own or control any operations which aze currently <br />in violation of any law, rule, or regulation of the United States, or any State law, <br />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)(g)(i)). <br />8. Pittsburg & Midway , as well as any person who owns or controls Pittsburg & <br />Midway, 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 <br />with such resulting irrepazable damage to the environment as to indicate an intent <br />not to 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 <br />performed under this permit will not be inconsistent with other such operations <br />anticipated to be performed in azeas adjacent to the permit area (2.07.6(2)(1)). <br />10. The Division currently holds a reclamation performance bond from the applicant <br />in the amount of $3,839,884. The Division believes this amount of bond is <br />sufficient to complete all remaining reclamation on the site (2.07.6(2)(j)). The <br />Division estimated the remaining reclamation liability for the Edna Mine to be <br />$3,761,463, as of September 24, 2001. The Division's estimate includes not only <br />the items yet to be reclaimed, but also [hose whose reclamation has been <br />completed but have not yet undergone bond release. The estimate also includes <br />items that were in the original bond estimate and have subsequently been <br />approved as permanent, but have not yet undergone bond release. Table 1, below, <br />smnmazizes the six bond releases that have occurred through 2001 (one bond <br />release application was withdrawn). <br />Edna Mine 13 Permit Renewal No. 4 <br />