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eligible for listing in the National Register of Historic Places as determined by the <br />State Historic Preservation Office (2.07.6(2)(e)(i)). <br />6. For this surface mining operation, private mineral estate has not been severed from <br />private surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not <br />required (2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from other state <br />and federal agencies as a result of the Section 34-33-114(3) compliance review <br />required by the Colorado Surface Coal Mining Reclamation Act, the Division finds <br />that Pacific Basin Resources does not own or control any operations which are <br />currently in violation of any law, rule, or regulation of the United States, or any State <br />law, rule, or regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2}(g}(i}). <br />The Applicant Violator System (AVS) was queried on May 17, 1996 and October 29, <br />1996, Both queries resulted in a recommendation to issue the permit revision. <br />8. Pacific Basin Resources does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such nature, duration, <br />and with such resulting irreparable damage to the environment as to indicate an <br />intent not to 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 <br />performed under this permit will not be inconsistent with other such operations <br />anticipated to be performed in areas adjacent to the permit area (2.07.6(2)(1)). <br />10. The Division currently holds an approved reclamation performance bond in the form <br />of a Letter of Credit in the amount of $1,099,743.75. The current reclamation <br />liability is $1,097,967.00. The reclamation cost estimate is currently being <br />reevaluated, as a process of the midterm review, to determine whether the current <br />liability is adequate to cover reclamation costs for the maximum disturbance which <br />will occur during the proposed permit term. <br />11. The Division has made a negative determination for the presence of prime farmland <br />within the permit area. The decision was based on a letter from the USDA Soil <br />Conservation Service that demonstrates that no prime farmland mapping units are <br />found within the permit area (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley <br />floors within the permit area. This determination is based on information provided <br />by the applicant which demonstrates that none of the land within the permit area has <br />been historically used as cropland (2.07.6(2)(k) and 2.06.8(3)(c)). <br />Sanborn Creek Mine 13 Permit Revision No. 3 <br />