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<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)(ii)). <br />8. Neither Rimrock Coal Company nor Landmark Reclamation, Inc. control or have <br />controlled mining operations with a demonstrated pattern of willful violations of the <br />Act of such nature, duration, and with such resulting irceparable damage to the <br />environment as to indicate an intent not to comply with the provisions of the Act <br />(2.07.6(2)(h)). <br />9. The Division finds that surface coal mining reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area (2.07.6(2)(1)). <br />10. The Division has holds a bond in the form of a Corporate Surety, in the amount <br />$31,000.00. This bond received approval on February 14, 1994. <br />The above performance bond amount reflects the Division's projection of <br />reclamation costs for worst-case disturbance. It also reflects 50% bond release <br />from reclamation work completed by the operator in the Phase I mine plan west pit <br />area of the mine. This release was approved by the Division in December 1993, <br />during the previous permit term (2.07.6.(2)Q)). <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 information provided by the <br />applicant describing the history of land use, steepness of slopes, lack of irrigation, <br />low average annual precipitation, and rockiness of soils in the area. This <br />determination was confirmed with a letter from the Soil Conservation Service in <br />Trinidad, Colorado, included as Exhibit H (e) of the permit. This information <br />demonstrates that no prime farmland mapping units are found within the permit area <br />(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 neither perennial streams nor lands that <br />meet the criteria of Rule 2.06.8 exist in the permit area. A reconnaissance study of <br />the area was performed by Panorama Resources. (2.07.6(2)(k) and 2.06.8(3)(c)). <br />For additional specific findings concerning this alluvial valley floor please see <br />Section B, XVII. <br />13. The Division hereby approves the post-mining land uses of the operation. It was <br />determined that the post-mining land uses of rangeland and wildlife habitat meet the <br />requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). <br />ii <br />