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Stipulation No. 12 <br />WITHIN THIRTY (30) DAYS Of PERMIT ISSUANCE, THE PERMITTEE SHALL <br />SUBMIT PROOF TO THE DIVISION THAT KENTUCKY NOTICE OF VIOLATION N0. <br />910243049 HAS BEEN OR IS BEING CORRECTED, OR THAT THE VIOLATION IS <br />UNDER ADMINISTRATIVE OR JUDICIAL REVIEW. IF AT THAT TIME THE <br />VIOLATION IS UNDER REVIEW, SUN COAL COMPANY MUST SUBMIT THE RESULTS <br />OF THE APPEAL TO THE DIVISION AT THE TIME OF RESOLUTION. <br />8. Sun 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 anticipated to be performed in areas adjacent to the permit <br />area (2.07.6(2)(1)). <br />10. The Division currently holds a reclamation performance bond in the amount <br />of $348,777.00. The bonding instrument is a corporate surety <br />(No. SO 34733) issued by the Utica Mutual Insurance Company. <br />The above bond amount reflects the Division's projection of reclamation <br />costs for worst-case disturbance which will occur during the proposed <br />permit term. It also reflects 60 percent bond release from reclamation <br />work completed by the operator in the pit area of the mine and a <br />100 percent bond release for the main haul road. These releases were <br />approved by the Division during previous permit terms (2.07.6.(2)(j)). <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 />January 26, 1981 letter from the United States Department of Agriculture, <br />Soil Conservation Service, 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 the Yampa River <br />and Coal View Gulch. The Yampa River alluvial valley floor may be <br />affected by mine facilities located adjacent to the river. Coal View <br />Gulch may be affected by surface water runoff and spoils spring <br />discharges (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, VIII. <br />13. The Division hereby approves the post-mining land use of the operation. <br />It was determined that rangeland, wildlife habitat, and light industrial <br />use meets the requirements of Rule 4.16 for the permit area <br />(2.07.6(2)(1)). <br />14. Specific approvals have been granted or are propose . These approvals <br />are addressed in the following section, Section B (p.07.6(2)(m)>. <br />-9- <br />