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. Terror Creek Company does not control and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act of <br />such 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 and is holding two bond documents totaling <br />$246,755.00. One document is a certificate of deposit from the Citizens <br />Fidelity Bank and Trust in the amount of $96,550.95. The second document <br />is an irrevocable letter of credit from NationsBank of Florida for <br />$150,204.05. These bond documents have received final approval. The <br />reclamation bond has been reviewed pursuant to Rule 3.02.2(4) to determine <br />whether the above total bond amount reflects the Division's projection of <br />reclamation costs for worst-case disturbance which will occur during the <br />proposed permit term (2.07.6. (2)Ij)). The Division's estimate of the cost <br />of the reclamation liability at the Terror Creek Loadout is $237,526.00. <br />Therefore, the Division holds sufficient bond to complete the reclamation <br />tasks at the Terror Creek Loadout. <br />11. The Division has made a negative determination for the presence of prime <br />farm land within the permit area. The decision was based on mapping by <br />the U.S. Soil Conservation Service which 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 <br />determined that an alluvial valley floor exists within the permit or <br />adjacent area, The alluvial valley floor is known as the North Fork of <br />the Gunnison River Alluvial Valley Floor (2.07.6 (2)(K) and 2.06.8 (3)(C)). <br />For additional specific findings concerning this alluvial valley floor, <br />please see Section B, VI. <br />13. The Division hereby approves the post-mining land use of the irrigated <br />cropland. It was determined that this land use meets the requirements of <br />Rule 4.16 for the permit area (2.07.6(2)(1)). <br />14. Specific approvals have been granted These approvals are addressed in <br />the following section, Section B (2.07.6 (2)(m)). <br />15. The Division finds that the activities proposed by the applicant would not <br />affect the continued existence of endangered or threatened species or <br />result in the destruction or adverse modification of their critical <br />habitats (2.07.6 (2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees <br />Branch. As of this time, Terror Creek Company, the operator, is current in <br />Terror Creek Loadout Page 10 <br />