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underground mine subsidence) had the potential to submzrge cultural/historical sites that could zxist alon_ the banks of Fish Creek within the area oFtlte N~ID. The SHPO subs-equen[ly informed Twentymile Coal Company m ~~lay, 2000 that cultural andior historic rewurce survey iniorna[ion did not exist for certain portwns of the FR-0~ area where subsidence-related inundation was espectzd, and that such information was necessary to determine whether any possible cultural/historic resources could be affected by the inundation. Twentymile Coal Company subsequently contracted with an archaeological consultant to conduct a cultural/historic resource survey for areas within the PR-Oi NMD area that would be subject to inundation from Fish Creek. This survey was conducted in June, 2000, with the results being provided to Twentymile Coal Company, who subsequently provided the results [o SHPO and [he Division in June, 2000. The survey indicated that a historic cabin and corral existed within the area of possible inundation. This cabin is located in the SW '/. of the SW '/. of the SE '/. of Section 16, TSN, R86W, on property owned by Twentymile Coal Company. Twentymile Coal Company's archaeological consultant recommended, however, that the building not be considered eligible for listing on the National Register of Historic Places. This recommendation was followed by the SHPO, as documented in letters from the SHPO to [he Division dated June 13, 2000 and June 16, 2000. Foidel Creek is solely an underground operation, therefore the documentation required by Rule 2.03.6(2) is not required (2.07.6(2)(f)). 8. On the basis of evidence submitted by the applicant and received from other state and federal agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that Twentymile Coal Company does not own or control any operations which are currently in violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(I)). 9. Twentymile Coal Company does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act (2.07.6(2)(h)). The Applicant Violator System was queried on December 10, 1999 and May 25, 2000. The result of both queries was the operator has no outstanding violations. The system recommendation is "issue" the permit. 10. The Division finds that surface coal mining and reclamation operations to be performed under this permit will not be inconsistent with other such operations anticipated to be performed in areas adjacent to the permit area, (2.07.6(2)(1)). l 1. No new or additional performance bond is required as a result of this permit renewal. The Division holds a band in the amount of $7,1 18,370 which [he Division estimates is sufficient to reclaim all disturbances associated with this permit. The above bond amount reflects the Division's projection of reclamation costs for worst-case disturbance which will occur during the proposed permit term (1998-2003) (2.07.6.(2)(j)). Twentymile Coal Company does not propose any new surface disturbance with this permit revision. 12. The Division has made a negative determination for [he presence of prime farmland within the permit area. The decision was based on the publication "imponan[ Farmlands Inventory of Colorado" USDA, Natural Resource Conservation Service (formerly SCS), Denver, Colorado, October 1982. It states that no prime farmland mapping units are found within [he permit area or within Routt county. The local office of the NRCS confirmed this finding in a letter dated September 24, 1984. This letter can be found in Exhibit 24 (2.07.6(2)(k)). C:WHB\C82056\PROS\PR05 FINDINGS 62800.doc 18