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• <br />C, <br />8. Lorencito Coal Company, LLC does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such nature, duration, and <br />with such resulting irrepazable 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 pemvt will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area. (2.07.6(2)(I)) <br />10. The Division has determined, by information submitted by the applicant and through <br />technical review of same, a bond in the amount of $ 10,8 1,785.00 must be submitted to, <br />and approved by ,the Division. This bond amount reflects the Division's projection of the <br />cost to reclaim the worst-case disturbance which will occur during the first five (5) year <br />permit term. Final approval of the bond shall be required before the permit will issue. <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the pemut area. The applicant has indicated that there are no soil map units that have been <br />designated by the National Resource Conservation Service (NAGS) which have been <br />designated as prime farmland. This complies with the requirement of Rule 2.04.12(2)(f). <br />12. Based on information provided in the application the Division has determined that an <br />alluvial valley floor (AVF) exists within the permit or adjacent area. The alluvial valley <br />floor is known as the Purgatoire River AVF and will be affected by the rail spur leading from <br />the main rail line to the coal ]oadout. This section of Purgatoire River AVF, irrigated by the <br />Charon Ditch, will be bisected by the rail spur. (2.07.6(2) and 2.06.8(3)(C)) <br />For additional specific findings concerning the Purgatoire River AVF please see Section B, <br />XVII. <br />The Division has made a negative determination for all other streams within the permit <br />area. Based on the information presented in Exhibit 18 of the permit application, <br />Lorencito, Cow, Alamosa, Chimney, Puertecito, Little Pine, and Jeff Canyons are not <br />alluvial valley floors. <br />Lorencito Canyon contains unconsolidated stream laid deposits of reasonable size. <br />Minimum depths to the water table range from 11-15 feet, while soil depths are 5-6 feet. <br />Results of vegetation sampling indicate warm season grassland communities which aze <br />not dependent on subirrigation. Vegetative cover and production in these areas is poor, <br />and there is no evidence of past or present flood irrigation anywhere along Lorencito <br />Canyon. <br />Cow Canyon valley floor covers approximately 187 acres within the permit area. The <br />sinuosity of the channel is low compazed to other channels in the petmit area and the <br />channel bottom exhibits bedrock control in multiple places. Soils exhibit no soil <br />moisture from subirrigation. The limited extent of contiguous areas, coupled with the <br />lack of available water from this intermittent stream preclude possible flood itrigation. <br />ie <br />