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7 . On the basis of evidence submitted by the permittee and received from <br /> other state and federal agencies as a result of the Section 34-33-114(3) <br /> compliance review required by the Colorado Surface Coal Mining <br /> Reclamation Act, the Division finds that, due to information received <br /> from the Office of Surface Mining Applicant Violator System, a <br /> "conditional approval " has been recommended. As a result , Stipulation <br /> No. 11 has been attached to the permit. (See Section A. 16. ) <br /> 8. Powderhorn Coal Company does not control and has not controlled mining <br /> operations with a demonstrated pattern of willful violations of the Act <br /> of such nature , duration, and with such resulting irreparable damage to <br /> the environment as to indicate an intent not to comply with the <br /> provisions of the Act (2.07 .6(2)(h) ) . <br /> 9. The Division finds that surface coal mining and reclamation operations to <br /> be performe s permit will not be inconsistent with other such <br /> operations anticipated to be performed in areas adjacent to the permit <br /> area (2 .07 .6(2)(i ) ) . <br /> 10. The Division currently holds an irrevocable letter of credit <br /> (No. A-304301 ) in the amount of $2 ,500,000.00, issued by Pittsburgh <br /> National Bank. Total reclamation liability for reclamation of the site <br /> is $3 , 159,849.00. The reclamation liability for current disturbance is <br /> $2 ,487 ,320.00. This amount reflects the Division ' s projection of <br /> reclamation costs for worst-case disturbance which will occur during the <br /> proposed permit term. The liability amount does not include any <br /> remaining liability from previous areas of bond release, as there are no <br /> areas of bond release under the current permit. Prior to disturbance of <br /> Cameo Refuse Disposal Area No. 3, the operator is required to submit an <br /> additional performance bond of $672 ,529.00 (2.07.6(2)(j )) . <br /> 11 . The Division has made a negative determination for the presence of prime <br /> farmland within the permit area. The decision was based on information <br /> from the Soil Conservation Service and the permit application , Volume I , <br /> Sections 2 .04.9 and 2.04.2 . No land within the permit area is <br /> irrigated. Average annual precipitation is about nine inches , and much <br /> of the land slope exceeds ten percent. The Mesa County Soil Conservation <br /> Service survey shows no soil mapping units designated as potential prime <br /> farmlands . Pursuant to Rule 2 .07 .6(2)(k) , the Division finds the <br /> proposed operation in compliance with the requirements of Prime Farmland . <br /> 12 . Based on information provided in the application, the Division has <br /> determined that two alluvial valley floors exist within the permit or <br /> adjacent area. The alluvial valley floors are known as the Colorado <br /> River and Rapid Creek. The Colorado River has been affected by the <br /> facilities area, unit train loadout, and the conveyor . Mining will occur <br /> beneath Rapid Creek. Two-hundred- to five-hundred-foot-wide protective <br /> pillars will be left intact beneath Rapid Creek to mitigate potential <br /> impacts. Water levels in the alluvium and surface water flow monitoring <br /> will occur upstream and downstream from mining activity. <br /> For additional specific findings concerning this alluvial valley floor <br /> please see Section B.XI . <br /> -15- <br />