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<br />7. On the basis of evidence submitted by the applicant and received from <br />other state and federal agencies as a result of the Section 34-33-114(3) <br />compliance review required by the Colorado Surface Coal Mininq Reclamation <br />Act, the Division finds that Western fuels-Utah, Incorporated does not own <br />or control any operations which are currently in violation of any law, <br />rule, or regulation of the United States, or any State law, rule, or <br />regulation, or any provision of the Surface Mining Control and Reclamation <br />Act or the Colorado Surface Coal Mining Reclamation Act. <br />(2.07.6(2)(g)(i)). <br />8. Western Fuels-Utah, Incorporated does not control and has not controlled <br />mining operations with a demonstrated pattern of willful violations of the <br />Act of such nature, duration, and with Such resulting irreparable damage <br />to 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 anticipated to be performed in areas adjacent to the permit <br />area. (2.07.6(2)(1)). <br />10. There will be no change in the required performance bond associated with <br />this permit revision. The performance liability was calculated for the <br />entire operation in May of 1991, at which time a reduction in bond was <br />granted. The current performance bond of $5,264,028.00 will remain in <br />force. <br />11. The Division has made a negative determination for the presence of prime <br />farmland within the revised permit area. The area added as a result of <br />this revision will involve underground operations only. Previous surface <br />disturbance has not occurred on prime farmlands. <br />12. The Division has determined that an alluvial valley floor exists within <br />the permit or adjacent area. The alluvial valley floor is adjacent to the <br />White River, and may be affected by drawdown associated with alluvial <br />wells. The land area to be included with this permit revision does not <br />include alluvial valley floor lands. <br />13. The Division hereby approves the post-mining land use of the operation. <br />It was determined that livestock grazing and wildlife habitat uses meet <br />the requirements of Rule 4.16 for the permit area. (2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are <br />addressed in 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, Western Fuels-Utah, Incorporated, the operator is <br />current in the payment of reclamation fees required by 30 CFR Chapter VII, <br />subchapter R. (2.07.6(2)(0)). <br />-9- <br />