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-4- 5. OSM's issuance of a permit and the Secretarial decision on the Western Fuels-Utah, Inc. plan will be in compliance with the National Historic Preser- vation Act and implementing regulations (36 CFR 800) with implementation of the conditions of the permit (SHPO correspondence of June 3, 1981) (786.19(e)). 6. The applicant has the legal right to enter and begin underground mining activities in the lease area (Federal leas ea C-023803 and D-047201). However, the applicant has not obtained rights-of -way from BLM for use of the Federal land within the permit area that is not par[ of the Federal lease named above. The applicant has filed an application for a right-of -way with.BLM, and stipulation 1 conditions the Secretary's approval on obtaining a permit. 7. The applicant has submitted proof showing that prior violations of applicable laws and regulations have been corrected (786.19(8)). 8. The applicant has not previously been an owner of a mine, and therefore there is no requirement for payment of fees for the abna_'doned mine lands reclamation fund. 9. The applicant does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such na ure, duration, and with such resulting irreparable damage to the environment~as to indicate an intent not to comply with the provision of the Act (786.19(1)). 10. Underground coal mining and reclamation operations to be performed under the permit will not be inconsistent with other such operations anticipated to be performed in areas adjacent to the proposed permit area (see Land Use section of TEA) (786.19(j)). 11. The analysis completed by OSM shows that the bond amount will be ade- quate. The applicant is required to submit the performance bond under the Act, the approved State program, and the Federal lands program prior to permit issuance. The bond would be made payable to both the United States and the State of Colorado in the amount of $6,000,000.00 (see Bonding section of TEA) (786.19(k) and 742.12(b)). 12. The applicant has obtained a negative declaration with respect to prime farmlands (see Prime Farmlands section of TEA) (786.19(1)). 13. With respect to Scullion Gulch a negative alluvial valley floor determi- nation has been made. The potential Red Wash alluvial valley floor has not been adequately addressed by the applicant; therefore, a stipulation has been added to restrict activity under Red Wash until a determination can be made by the r0gulatory authority. 14. The proposed post-mining land use of the permit area has been approved by the Colorado Mined Land Reclamation Division and OSM (786. 19(m)). 15. The Colorado Mined Land Reclamation Division and OSM have made all specific approvals required by the Act, the approved Colorado State program, and the Federal lands program (786.19(n)).