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<br />5. On the basis of information submitted by Energy Fuels Mining Company in the form of a <br />letter from The Colorado Historical Society the Division finds that subject to valid <br />existing rights as of August 3, 1977, the reclamation operation will not adversely affect <br />any publicly owned park or place listed on or eligible for listing in the National Register <br />of Historic Places as determined by the State Historic Preservation Office <br />(2.07.6(2)(e)(I)). <br />6. For this underground mining operation the documentation specified by Rule 2.03.6(2), <br />whether private mineral estate has been severed from private surface estate, 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 and <br />federal agencies as a result of the Section 34-33-114(3) compliance review required by <br />the Colorado Surface Coal Mining Reclamation Act, the Division fmds that Energy Fuels <br />Mining Company does not own or control any operations which are currently in violation <br />of any law, rule, or regulation of the United States, or any State law, rule, or regulation, <br />or any provision of the Surface Mining Control and Reclamation Act or the Colorado <br />Surface Coal Mining Reclamation Act. The Applicant Violator system was queried on <br />May 11, 1998 and September 2, 1998. Previous and System Recommendations on both <br />occasions were `issue'. (2.07.6(2)(g)(I)). <br />8. The applicant does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with <br />such resulting irreparable damage to the environment as to indicate an intent not to <br />comply with the provisions of the Act (2.07.6(2)(h)). <br />9. The Division finds that reclamation operations to be performed under this permit will not <br />be inconsistent with other such operations anticipated to be performed in azeas adjacent to <br />the permit azea (2.07.6(2)(I)). <br />0. 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 SCS that demonstrates <br />that no prime farmland mapping units aze found within the permit area (2.07.6(2)(k)). <br />11. Based on information provided in the application the Division has determined that an <br />alluvial valley floor exists within the permit or adjacent azea. The alluvial valley floor is <br />known as the Raton Creek AVF and will not be affected by mining and reclamation <br />activities (2.07.6(2) and 2.06.8(3)(C)). <br />For additional specific findings concerning this alluvial valley floor please see Section B, <br />XVII. <br />12. The Division hereby approves the post-mining land use of the operation. It was <br />