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8. Peabody Coal Company does not control and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act <br />of such nature, duration, and with such resulting irreparable damage to <br />the environment as to indicate an intent not to comply with the <br />provisions of 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 anticippated to be performed in areas adjacent to the permit <br />area (2.07.6(2)(1)). <br />10. The Division currently holds a bond in the form of corporate surety bonds <br />totalling E11,673,859.00. The bonds are as follows: <br />American Home Assurance Company No. 99009 b 252,733.00 <br />National Fire Insurance Company of Hartford No. 9264508 6,475,728.00 <br />National Fire Insurance Company of Hartford No. 9264038 119,000.00 <br />National Fire Insurance Company of Hartford No. 9264039 17,736.00 <br />National Fire Insurance Company of Hartford No. 9264191 1,355,000.00 <br />National Fire Insurance Company of Hartford No. 9264088 3,453,662.00 <br />These bo nds remain in force for the 1992-1997 pe rmit term. The above <br />bond amo unt exceeds the Division 's projection of reclamati on costs for <br />maximum reclamation requirements wh ich would occ ur during the proposed <br />ppermit term. It reflects no bond release for reclamation work completed <br />I2.07.6(2)(j)). <br />The 1987 permit contained a stipulation (Number 6) requiring submittal of <br />an additional E6,431,188.00 in bond. This stipulation was complied with <br />on February 20, 1987 and is no longer a part of the permit. <br />11. The Division has made a negative determination for the presence of prime <br />farmland within the permit area. The decision was based on a <br />December 19, 1979 letter from the Soil Conservation Service of the United <br />States Department of Agriculture that demonstrates that no prime farmland <br />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 alluvial valley floors exist within the permit or <br />adjacent area. The alluvial valley floors are known as Little Grassy <br />Creek, Grassy Creek and Fish Creek (2.07.6(2) and 2.06.8(3)(C)). <br />For additional specific findings concerning these alluvial valley floors <br />please see Section B, XVII. <br />13. The Division has approved the post-mining land use of the operation. <br />It was determined that a return to rangeland and grazing for domestic <br />livestock and wildlife meets the requirements of Rule 4.16 for the permit <br />area (2.07.6(2)(1)). <br />14. The Division finds that the activities proposed by the applicant would <br />not 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 />