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Historic Places as determined by the State Historic <br />Preservation Office (2.07.6(2)(e)(i)). A chipping site and <br />a trash dump site had been identified in areas that were <br />more than 300 feet from active pit mining and in areas that <br />would not be disturbed during the life of the mine. The two <br />sites were not listed or were not eligible for listing, as <br />determined by the State Historic Preservation Office. <br />6. For this surface mining operation private mineral estate <br />has been severed from private surface estate. However, the <br />surface owner is the mining company. The operator has <br />supplied the documentation specified by 2.03.6(2) <br />7. On the basis of evidence submitted by the applicant and <br />received from other state and federal agencies as a result <br />of the Section 34-33-114(3) compliance review required by <br />the Colorado Surface Coal Mining Reclamation Act, the <br />Division finds that the Hayden Gulch Coal Company does not <br />own or control any operations which are currently in <br />violation of any law, rule, or regulation of the United <br />States, or any State law, rule, or regulation, or any <br />provision of the Surface Mining Control and Reclamation Act <br />or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i))• <br />8. The Hayden Gulch Coal Company does not control and has not <br />controlled mining operations with a demonstrated pattern of <br />willful violations of the Act of such nature, duration, and <br />with such resulting irreparable damage to the environment <br />as to indicate an intent not to comply with the provisions <br />of the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation <br />operations to be performed under this permit will not be <br />inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area <br />(2.07.6(2)(1)). <br />10. The Division has, in place, an existing bond in the form of <br />a surety, in the amount $2,300,000. This bond has received <br />final approval. <br />The operator has received final approval of a bond <br />reduction through Technical Revision No. 63, from <br />$1,368,313.00 to $659,327.00. This reduction and Phase One <br />bond release reflect the decrease in bond liability due to <br />the transfer of the Hayden Gulch Loadout and to the Phase <br />One bond release on the east side of the mine site. At the <br />time of the transfer and Phase One bond release, the <br />operator had chosen not to amend the bond that the Division <br />held. At the time of the writing of this findings document, <br />the operator has not submitted a new bond instrument that <br />would reflect only the current bond liability. <br />8 <br />