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6. For this surface mining operation, private mineral estate has not been severed from <br />private surface estate, therefore, the documentation specified by Rule 2.03.6(2) 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 the <br />Colorado Surface Coal Mining Reclamation Act, the Division fmds that Seneca Coal <br />Company does not own or control any operations which are currently in violation of any <br />law, rule, or regulation of the United States, or any State law, rule, or regulation, or any <br />provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br />Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />8. Seneca Coal Company 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 surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area (2.07.6(2)(1)). <br />10. The estimated reclamation liability for mining operations is $8,886,826.00. The Division <br />currently holds a $7,300,000.00 performance bond for the Seneca II-W Mine. Seneca <br />Coal Company must submit an additional $1,586,826.00 of performance bond, which <br />must be received and accepted by the Division before the approval decision for PR- <br />3 will become effective (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. The decision was based on the evidence provided by the Soils <br />Conservation Service that there are no prime farmland mapping units within the proposed <br />permit area (2.07.6(2)(k)). This evidence can be found in Volume 5, Tab 9, Appendix 9- <br />5. <br />12. Based on information provided in the application, the Division has determined that <br />alluvial valley floors exist within the permit or adjacent area. The alluvial valley floors <br />are known as Hubberson Gulch, Dry Creek and Sage Creek and will not be affected by <br />mining operations. (2.07.6(2)(k) and 2.06.8(3)(c)). <br />For additional specific findings concerning this alluvial valley floor please see Section B, <br />XII. <br />Seneca II-W Findings Document 17 June 15, 2001 <br />Permit Renewal No. 3 May Z, 2003 <br />