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<br />r~ <br />hearing opportunities provided, and written findings made (2.07.6(2)(d)(iv)); <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the <br />owner has been provided (2.07.6(2)(d)(v)). <br />5. On the basis of information submitted by Basin Resources, Inc. in the form of a <br />letter written by the Colorado Historical Society shown in Exhibit 5 of the permit <br />application the Division finds that subject to valid existing rights as of August 3, <br />1977, the mining operation will not adversely affect any publicly owned park or <br />place listed on or eligible for listing in the National Register of Historic Places as <br />determined by the State Historic Preservation Office (2.07.6(2)(e)(i)). <br />6. A portion of the operation involves severed surface and mineral rights. The <br />operator has the right of entry based on deeds on file in the Las Animas County <br />Courthouse. (2.07.6(2)(1)). <br />7. On the basis of evidence submitted by the applicant and received from other state <br />and federal agencies as a result of the Section 34-33-114(3) compliance review <br />required by the Colorado Surface Coal Mining Reclamation Act, the Division finds <br />that Basin Resources, Inc. does not own or control any operations which are <br />currently in violation of any law, rule, or regulation of the United States, or any <br />State law, rule, or regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i)). <br />8. Basin Resources, Inc. does not control, and has not controlled, mining operations <br />with a demonstrated pattern of willful violations of the Act of such nature, duration, <br />and with such resulting irreparable damage to the environment as to indicate an <br />intent not to comply with the provisions of the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be <br />performed under this permit will not be inconsistent with other such operations <br />anticipated to be performed in areas adjacent to the permit area (2.07.6(2)(1)). <br />10. The Division estimates the reclamation liability for mining operations in this permit <br />term to be $109,453.00. The Division currently holds a $365,595.00 performance <br />bond for the Golden Eagle Mine. (2.07.6(20Q)). <br />11. The Division has made a negative determination for the presence of prime <br />farmland within the permit area. This determination is based on information <br />provided by the applicant in the form of a letter from the Soil Conservation <br />Service, shown in Exhibit 15, that demonstrates that no prime farmland mapping <br />units are found within the permit area. (2.07.6(2)(k)). <br />12. Based on information provided in the application the Division has determined that <br />an alluvial valley floor exists within the permit or adjacent area. The alluvial valley <br />