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5. National Register of Historic Places and Public Parks <br />On the basis of information submitted by Coors Energy Company, the permittee, in the form of a <br />letter (Cultural Resource Consultants, Inc., November 10, 1978, on file as Appendix E-1, PAP), <br />the Division finds that subject to valid existing rights as of August 3, 1977, the mining operation <br />will not adversely affect any publicly owned park or place listed on or eligible for listing in the <br />National Register of Historic Places as determined by the State Historic Preservation Office <br />[Rule 2.07.6{2){e)(i)]. <br />6. Mineral and Surface Estates <br />For this surface mining operation, private mineral estate has been severed from private surface <br />estate; therefore, the documentation specified by Rule 2.03.6(2) has been provided in the form of <br />legal documents. [Rule 2.07.6(2)(f)][Section 2.03.6 of the PAP]. <br />Compliance with Laws, Rules and Regulations <br />On the basis of 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 Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that Coors Energy Company does not <br />own or control any operations which are currently in violation of any law, rule, or regulation of <br />the United States, or any State law, rule, or regulation, or any provision of the Surface Mining <br />Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act [Rule <br />2.07.6(2)(g)(i)][see paza 3.17 above]. <br />8. Determination of Willful Violations <br />Coors Energy 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 such <br />resulting irrepazable damage to the environment as to indicate an intent not to comply with the <br />provisions of the Act [Rule 2.07.6(2)(h)] [see paza 3.17 above]. <br />9. Consistency with Adjacent Activities <br />The Division finds that surface coal mining and reclamation operations to be performed under <br />this permit will not be inconsistent with other such operations anticipated to be performed in <br />azeas adjacent to the permit area [Rule 2.07.6(2)(i)][PAP, section 2.03.7, page 29, 5/96; section <br />2.04.3, pages 34 - 37]. <br />10. Reclamation Liability <br />The Division estimated the remaining reclamation liability for mining operations to be <br />$2,327,437.00 as of July 27, 2006. The Division currently holds a $2,614,909.00 performance <br />bond for the Keenesburg Strip Mine [Rule 2.07.6(2)(]}] sufficient to accomplish the remaining <br />reclamation work at the site. <br />Permit Renewal OS Findings October 30, 2006 <br />Page 15 of 25 Pages <br />