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6. The Chimney Rock Mine contains both private and federal mineral and surface estates. The <br />East Pit and Barren Ridge Areas consist of private mineral and surface holdings. At these <br />locations, the private mineral estate mined was severed from the private surface estate. The <br />documentation required by Rule 2.03.6(2) is provided in Exhibit 1 of the application. On the <br />Federal Lease Area the surface is managed by the U.S. Forest Service, and the coal has been <br />leased by the U.S. Bureau of Land Management. This lease, Federal Coal Lease No. C-34886, <br />is also included in Exhibit 1. <br />7. On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that Kaiser Ventures, Inc. does not own <br />or control any operations which are currently in violation of any law, rule, or regulation of the <br />United States, or any State law, rule, or regulation, or any provision of the Surface Mining <br />Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(ii)). <br />8. Kaiser Ventures, Inc. does not own or control any operations which are currently in violation <br />of any law, mle, 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 Coal <br />Mining Reclamation Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed under <br />this permit will be consistent with other such operations anticipated to be performed in areas <br />adjacent to the permit azea (2.07.6(2)(I)). <br />10. The Division currently has in its possession a Letter of Credit in the amount of $120,000.00. <br />This bond amount exceeds the Division's' projection of reclamation costs for the remaining <br />reclamation work to be accomplished during the proposed permit term. It also reflects <br />85 percent bond releases from reclamation work completed by the operator for the entire area <br />of the mine. This release was approved by the Division during previous permit terms <br />(2.07.6(2)(j)). <br />11. The Division has made a negative determination for the presence of prime farmland within the <br />permit area. The decision was based on a study by the NRCS that demonstrates that no prime <br />farmland mapping units are found within the permit area (2.07.6.(2)(k)). <br />12. Based on information provided in the application the Division has determined that an alluvial <br />valley floor exists within the permit or adjacent area. The alluvial valley Floor is known as <br />Stollsteimer Creek AVF and was affected by surface mining operations(2.07.6(2) and <br />2.06.8(3)(C)). <br />For additional specific findings concerning this alluvial valley floor please see Section B, X. <br />13. The Division hereby approves the post-mining land use of the operation. I[ was determined that <br />the areas of rangeland, pasture land, and wildlife habitats meet the requirements of Rule 4.16 <br />for the permit area (2.07.6(2)(1)). <br />8 <br />