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Surface Coal Mining Reclamation Act, the Division finds that Western Fuels-Colorado, a <br />Limited Liability Company, does not own or control any operations which are currently in <br />violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, <br />or any 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 />8. The operator does not control and has not controlled mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and with such resulting <br />irreparable damage to the environment as to indicate an intent not to comply with the provisions <br />of the Act (2.07.6(2)(h)). <br />The Division finds that surface coal mining and reclamation operations to be performed under <br />this permit will not be inconsistent with other such operations anticipated to be performed in <br />azeas adjacent to the permit azea (2.07.6(2)(1)). <br />10. The Division has examined corporate sureties in the amount of $2,404,000.00. This bond has <br />received approval. This bond amount reflects an increase of $781,529.00 for the anticipated <br />changes in the "worst case" scenario. The above bond amount reflects the Division's projection <br />of reclamation costs for worst-case disturbance which will occur during the proposed permit <br />term. <br />11. The Division has made a negative determination for the presence of prime farmland within the <br />permit azea. The decision was based on extensive studies performed by Western Fuels- <br />Colorado, the Division, and NRCS. A letter from NRCS demonstrated that prime farmland <br />does not exist within the permit area (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley floors <br />(AVFs) within the permit azea. This determination is based on information provided by the <br />applicant which demonstrates that the aeolian and sheetwash material along Tuttle and Calamity <br />Draws does not meet the geomorphic criteria for AVFs. AVFs along the San Miguel aze more <br />than two-and-a-half miles away and will not be impacted by the New Horizon Mines. For <br />additional specific findings concerning this alluvial valley floor, see Section B, X. (2.07.6(2)(k) <br />and 2.06.8(3)(c)). <br />13. The Division hereby approves the post-mining land use of the operation. It was determined that <br />irrigated pasture, irrigated hayland, dryland pasture, and wildlife habitat, meets the requirements <br />of Rule 4.16 for the permit azea (2.07.6(2)(1)). Approved post-mining land uses within the PR- <br />OS revision azea are irrigated pasture, irrigated hayland, and irrigated pastureland. <br />14. Specific approvals have been granted or aze proposed. These approvals are addressed in the <br />following section, Section B (2.07.6(2)(m)). <br />15. Two federally listed endangered species were recorded in the original baseline survey, and as <br />of this date, only the bald eagle is listed as a threatened species. An adult peregrine falcon was <br />t7 <br />