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On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-114(3) compliance review required by the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that Seneca Coal <br />Company does not own or control any operations which are currently in violation of any <br />law, rule, or regulation of the United States, or any State law, rule, or regulation, or any <br />provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br />Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />Seneca Coal Company 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. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit azea (2.07.6(2)(1)). <br />10. The Division estimates the reclamation liability for mining operations to be $5,893,260.00 <br />The Division currently holds a $4,800,000.00 performance bond for the Seneca II-W <br />Mine. Seneca Coal Company must submit an addi ' a 60.00 of performance <br />bond prior to the end of the public cotrunent perio (2.07.6(20(j)). <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the permit area. The decision was based on the evidence provided by the Soils <br />Conservation Service that there are no prime farmland mapping units within the proposed <br />permit area (2.07.6(2)(k)). This evidence can be found in Volume 5, Tab 9, Appendix 9- <br />5. <br />12. 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 are known <br />as Hubberson Gulch, Dry Creek and Sage Creek and will not be affected by mining <br />operations. (2.07.6(2)(k) and 2.06.8(3)(c)). <br />For additional specific findings concerning this alluvial valley floor please see Section B, <br />XII. <br />13. The Division has approved the post-mining land uses of the operation. It was determined <br />that the primary post-mining land uses rangeland/wildlife habitat, non-irrigated cropland, <br />and secondary industrial use meet the requirements of Rule 4.16 (2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in <br />the following section, Section B (2.07.6(2)(m)). <br />Seneca lI-W Findings Document 14 November 3, 1999 <br />