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7. Based on evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that Slurco, Inc. does <br />not own or control any operations that aze currently violating any law, rule, or regulation <br />of the United States, or any State law, rule, or regulation, or any provision of the Surface <br />Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation <br />Act. (2.07.6(2)(g)(i)). <br />8. Slurco, Inc. 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 suggest an intent not to comply <br />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 performed <br />under this permit will not be inconsistent with other operations anticipated to be <br />performed in areas next to the permit area. (2.07.6(2)(1)). <br />]0. The Division has examined a copy of the irrevocable letter of credit in the amount <br />$111,968.00. Slurco has been unable to provide proof that the officer, Ms. Judith A. <br />Aden, had Signatory Authority. Acceptable proof could be in the form of a Boazd <br />Resolution or Certificate of Encumbancy. Until such information is received, the <br />Division retains Letter of Credit No. 541639, drawn on Norwest Bank, for the amount <br />of $235,132.00. This $I 11,968 amount reflects that 85% of the bond has been released <br />as part of the phase II bond release for topsoil replacement, reclamation of Pond 3, <br />successful vegetation establishment and erosion control of the mine site on all reclaimed <br />areas. (2.07.6.(2)(j)). <br />11. The Division has made a negative determination for the presence of prime farmland <br />within the permit area. Information regarding Prime Farmland is found in Appendix I of <br />Volume II of the permit application. This decision is based on a letter of August 6, 1979, <br />from Ken Lutz, District Conservationist of the Soil Conservation Service, stating that <br />there are no prime farmland mapping units within the proposed permit area. <br />(2.07.6(2)(k)). <br />12. Based on information submitted in a previous permit application, the Division had <br />identified three areas in the vicinty of the mine as potential alluvial valley floors. These <br />three areas were identified along the Michigan River, the North Fork of Bolton Draw, and <br />the main channel of Bolton Draw. Detailed information concerning alluvial valley floors <br />can be found in section B. <br />13. The Division hereby approves the post-mining land use of wildlife habitat and rangeland. <br />This proposed land use meets the requirements of Rule 4.16 for the permit area <br />(2.07.6(2)(1)). The primary land uses at the Canadian Strip Mine site were wildlife <br />Canadian Strip Mine, C-81-026 17 December 5, 1996 <br />