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does not own or control any operations which are currently in violation of <br />any law, rule, or regulation of the United States, or an}• 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 (2.07.6(2)(g)(i)). <br />The operator does not control and hoe not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparable damage to the environment as to <br />indicate an intent not to comply with the provisions of the Act <br />12 .07.6(2)(h)). <br />Pursuant to Rule 2.07.6(2)(1), the Division finds that the Eagle No. 5 and <br />No. 6 Mines will not be inconsistent with other operations anticipated to be <br />performed in areas adjacent to the proposed permit area. Therefore, the <br />application is in compliance with the requirements of this section for the <br />Eagle No. 5, SA and 6 Mines. <br />The Trapper Mine is adjacent to the Eagle Mines No. 5, SA and 6. The Trapper <br />Mine has finished extracting coal from the Colt Pit, located above the <br />proposed fiagle No. 6 Mine's underground workings in T6N, R91W, Section 32. <br />The seams being mined are stratigraphically separated by +in excess of 1,000 <br />feet. Trapper Mine completed surface mining in the Colt ]?it prior to any <br />mining occurring within the Eagle No. 6 Mine in areas which could potentially <br />cause subsidence disruption of the etratigraphic section to be mined within <br />the surface pit. Backfilling, grading, topsoiling, and seeding of the Colt <br />Pit occurred during the fall of 1993. The underground workings of the fiagle <br />No. 6 Mine progressed into TSN, R91W, Section 5, during the fall of 1993. <br />10. The Division currently holds a bond of $3,202,822.00 in the form of three <br />Corporate Sureties. The Division estimated the coat o£ reclamation to be <br />$3,202,822.00 in October 1993. This bond is adequate to cover estimated <br />liability for reclamation on the permitted operation. <br />The above bond amount reflects the Division's projection of reclamation coats <br />for worst-case disturbance which will occur during the proposed permit term. <br />it also reflects 100 percent bond release from reclamatior.~ work completed by <br />the operator in 1990 at the Craig Town Loadout area of the mine. This <br />release was approved by the Division during previous permit terms <br />(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 letter from the <br />Soil Conservation Service dated February 2, 1982. Although, soil types 03B, <br />and fine sandy loam 0-56 ie found adjacent to the Williams Fork River, this <br />area is not considered prime farmland designation. Approximately 50 percent <br />of the 03B soil was disturbed prior to the enactment of SMCRA and is <br />considered an industrial Bite. Therefore, no areas designated se prime <br />farmland are found within the Sagle Mines permit area (2.07.6(2)(k)). <br />12. Based on information provided in the application, the Division has determined <br />that three alluvial valley floors exist within the permit or adjacent area. <br />The alluvial valley floors are known as Williams Fork alluvial valley floor, <br />Yampa River/Big Bottom alluvial valley floor, and Yampa River/Round Bottom <br />alluvial valley floor. The Williams Fork alluvial valley ~Eloor will be <br />affected by development of mains for the No. 6 Mine (2.07.6(2) and <br />2.06.8(3)(C)). No development ie currently proposed for tlae Yampa River/Big <br />Bottom or Yampa River/Round Bottom alluvial valley floors. For additional <br />specific findings concerning these alluvial valley floors, please see Section <br />B.XI. <br />12 <br />