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Deputy State Historic Preservation Officer, the Division finds that, <br />subject to valid existing rights as of August 3, 1977, the mining <br />operation will not adversely affect any publicly owned park or place <br />listed on the National Register of Historic Places (2.07.6(2)(e)(i)). <br />6. For this surface mining operation, private mineral estate has been <br />severed from private surface estate in some cases; therefore, the <br />documentation specified by Rule 2.03.6(2) has been provided in the form <br />of Exhibits 3-1 and 3-2 and Tab 3, Attachment 3-il, pages 3-119 to 3-123 <br />of the New Horizon 1 permit document and Section 2.03.6 of the New <br />Horizon 2 permit application (2.07.6(2)(f)). <br />7. On the basis of evidence Submitted by the applicant and received from <br />other state and federal agencies as a result of the Section 34-33-114(3) <br />compliance review required by the Colorado Surface Coal Mining <br />Reclamation Act, the Division finds that Western Fuels-Colorado, a <br />Limited Liability Company, does not own or control any operations which <br />are currently in violation of any law, rule, or regulation of the United <br />States, or any State law, rule, or regulation, or any provision of the <br />Surface Mining Control and Reclamation Act or the Colorado Surface Coal <br />Mining Reclamation Act (2.07.6(2)(g)(i)). <br />8. The operator does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such <br />nature, duration, and with such resulting irreparable damage to the <br />environment as to indicate an intent not to comply with the provisions of <br />the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to <br />be performed under this permit will not be inconsistent with other such <br />operations anticipated to be performed in areas adjacent to the permit <br />area (2.07.6<2)(i)). <br />10. The Division has examined a corporate surety in the amount of <br />$1,550,000.00. This bond has received approval. <br />The above bond amount reflects the Division's projection of reclamation <br />costs for worst-case disturbance which will occur during the proposed <br />permit term. <br />11. The Division has made a positive determination for the presence of prime <br />farmland within the permit area. The decision was based on extensive <br />studies performed by Peabody and on a letter from SCS that demonstrates <br />that a prime farmland mapping unit is found within the permit area <br />(2.07.6(2)(k)). See "Operations on Prime Farmlands" (Section 8, X) below <br />for additional specific findings. Information on Prime Farmland is <br />contained in Tab 16, pgs. 16-11 to 16-14 of the New Horizon Mine 1 Permit <br />Document. <br />12. The Division has made a negative determination for the existence of <br />alluvial valley floors (AVFs> within the permit area. This determination <br />is based on information provided by the applicant which demonstrates that <br />the aeolian and sheetwash material along Tuttle and Calamity Draws does <br />not meet the geomorphic criteria for AVFs. AVFs along the San Miguel are <br />-16- <br />