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or regulation of the United States, or any State law, rule, or regulation, or any provision <br />of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act (2.07.6(2)(g)(i)). <br />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 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 area (2.07.6(2)(1)). <br />10. The Division currently holds a reclamation bond in the amount of $271,000.00 for the <br />North Thompson Creek Mines. The bond is in the form of a letter of credit from the <br />Colorado National Bank. This portion of the bond was retained following Phase I bond <br />release in 1988, at which time bond money for backfillin~ and grading obligations was <br />released; the 1993 release of the Diamond A (loadout) parcel; and partial approval of a <br />Phase II release request, also in 1993. The above bond amount reflects the Division's <br />projections of reclamation costs for worst-case disturbance which will occur during the <br />proposed permit term, and the above mentioned bond releases (2.07.6(2)(j)). <br />11. The Division has made a positive determination for the presence of prime farmland within <br />the permit area. A small portion of the haul road at the loadout crosses designated prime <br />farmland. Rule 4.25.1(2) exempts, from the prime farmland performance standards, <br />certain coal preparation plants, support facilities and roads of underground mines that are <br />actively used over extended periods of time, where such use affects a minimal amount of <br />land. Accordingly, the portion of the haul road which crosses designated prime farmland <br />is exempt from the prime farmland performance standards (2.07.6(2)(k)). <br />12. Based on information provided in the application, the Division has determined that an <br />alluvial valley floor exists within the permit or adjacent area. This alluvial valley floor is <br />known as the Roaring Fork Valley and was affected by the loadout. The alluvial valley <br />floor will be minimally affected by the proposed operations, because the essential <br />hydrologic functions of these areas will be preserved (2.07.6(2)(x) and 2.06.8(3)(C)). <br />For additional findings concerning this alluvial valley floor, please see Section B, VIII. <br />13. The Division approved the post-mining land uses of the operation. It was determined that <br />rangeland meets the requirements of Rule 4.16 for the mine site permit area <br />(2.07.6(2)(1)), and Agricultural/Rural/ Residential/Industrial meets the requirements of <br />Rule 4.16 for the loadout site permit area. <br />14. The Division finds that the activities proposed by [he applicant would not affect the <br />continued existence of endangered or threatened species or result in the destruction or <br />