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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 />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 <br />the Colorado Surface Coal Mining Reclamation Act, the Division finds that Sunland <br />Mining Corporation does not own or pontrol any operations which are currently in <br />violation of any law, rule, or regulation of the United States, or any State law, Wile, or <br />regulation, or any provision of the Surface Mining Control and Reclamation Actor the <br />Colorado Surface Coal Mining Reclamation Act.(2.07.6(2)(g)(i)). <br />8. The Sunland Mining Corporation does not control and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparable damage to the environment as to indicate an <br />intent not to 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 Division's approval of a Phase One Bond Release request for all of the permit azea <br />became final on February 29, 1996. The Division currently holds a reclamation bond for <br />the Apex No. 2 Mine in the amount of $172,020.00. The bond is a corporate surety <br />issued by the Aetna Casualty and Surety Company. During the review process for RN-03 <br />the Division estimated the costs of remaining reclamation work in the permit area to be <br />$46,988.00 as of January 13, 1998. The permittee remains liable for 40% of the original <br />bond amount which calculates to $68,808.00. This is the minimum bond the Division <br />must retain unless a Phase II bond release is granted. (2.07.6.(2)(j)). <br />11. Sunland Mining Corp. has requested a negative determination as to the presence of prime <br />farmland at the Apex No. 2 Mine. The Division made such a negative determination for <br />the initial five-yeaz permit and no information has been submitted to change this <br />determination. Therefore, the Division reaffirms a negative determination on the <br />existence of prime farmland at this site. Information pertaining to prime farmland is <br />presented on page l23 of the permit application. <br />12. Based on information provided in the application the Division has determined that an <br />alluvial valley floor exists within the permit or adjacent area. The alluvial valley floor is <br />known as the Trout Creek alluvial valley floor and will be affected by the existing <br />operation (2.07.6(2) and 2.06.8(3)(C)). <br />For additional specific findings concerning this alluvial valley floor please see Section B, <br />XVII <br />Apex No. 2 Mine, C-81-O1 I I I Amended December 21, 1998 <br />