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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 irreparable damage to the environment as to indicate an intent not to <br />comply with the provisions of the Act (2.07.6(2)(h)). <br />9. The Division currently holds one Irrevocable Letter of Credit (No. 3525) in the amount of <br />$30,000.00 and two Cettiflcates of Deposit (No. 22329 and 10031) totaling $20,000.00, <br />issued by the First National Bank of San Antonio and the Regional Bank of Rifle. After <br />reviewing the reclamation plan, the Division revised its estimate of the reclamation <br />liability to $74,280.00. Therefore, the following stipulation is being added to the permit <br />(2.07.6(2)(j)): <br />Stipulation No. 14: <br />THE APPLICANT MUST SUBMIT AN ADDITTONAL $24,280.00 BOND <br />WITIHN FIVE DAYS OF THE END OF THE PUBLIC COMMENT PERIOD <br />FOR THIS SECOND PERMrr RENEWAL AS REQUIRED BY RULES <br />3.02.2(4) AND 2.07.4(3)(a) OR FIVE DAYS AFTER A BOARD DECISION <br />IF A FORMAL HEARING IS REQUESTED. <br />10. The Division has made a negative determination for the presence of prime farmland within <br />the permit azea. The decision was based on information provided in the application which <br />documents that the land has not historically been used as cropland, and that no prime <br />farmland mapping units are found within the permit area (2.07.6(2)(k)). <br />11. Based on information provided in the application, the Division has determined that alluvial <br />valley floors exist within the permit or adjacent azea. The alluvial valley floors aze <br />known as Harvey Gap Drainage, Colorado River and West Elk Creek AVFs and will not <br />be affected by mining at the Eastside Mine (2.07.6(2) and 2.06.8(3)(c)). <br />For additional specific fmdings concerning these alluvial valley floors, please see <br />Section B, JQI. <br />12. The Division hereby approves the post-mining land use of the operation. It was <br />determined that undeveloped rangeland meets the requirements of Rule 4.16 for the permit <br />area (2.07.6(2)(1))• <br />13. Specific approvals have been granted or aze proposed. These approvals aze addressed in <br />the following section, Section B. (2.07.6(2)(m)). <br />14. The Division fords that the activities proposed by the applicant would not affect the <br />continued existence of endangered or threatened species or result in the destruction or <br />adverse modification of their critical habitats. Both the U.S. Fish and Wildlife Service <br />and the Colorado Division of Wildlife were contacted regarding the Eastside permit <br />renewal. Both agencies expressed concerns regarding potential impacts to fish and <br />wildlife due to water depletions. Those concerns were addressed with the submittal of a <br />water augmentation plan by the Eastside Mine. Based on the depletion of <br />7 <br />