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<br />6. For this surface mining operation, private mineral estate has not been <br />severed from private surface estate; therefore, the documentation <br />specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)>. <br />7. On the basis of evidence submitted by the applicant and received from <br />other state and federal agencies as a result of the Section 34-33-114(3) <br />compliance review required by the Colorado Surface Coal Mining <br />Reclamation Act, the Division finds that Cyprus Orchard Valley Coal <br />Corporation does not own or control any operations which are currently in <br />violation of any law, rule, or regulation of the United States, or any <br />State law, rule, or regulation, or any provision of the Surface Mining <br />Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act (2:07.6(2)(g>(i>). <br />8. The operator does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such <br />nature, duration, and with such resulting irreparable damage to the <br />environment as to indicate an intent not to comply with the provisions of <br />the Act (2.07.6(2>(h)). <br />9. The Division finds that surface coal mining and reclamation operations to <br />be performed under this permit will not be inconsistent with other such <br />operations anticipated to be performed in areas adjacent to the permit <br />area (2.07.6(2)(1)). <br />10. The Division currently holds a. total bond amount of $1,979,000.00 in the <br />form of Aetna Casualty and Surety Company Bond No. 6451000425078CA. As <br />part of the permit renewal process, a revised bond liability calculation <br />was conducted. To provide the operator with a chance to respond to these <br />calculations, the bond revision process will be conducted pursuant to the <br />procedures of 3.`°,02.2(4), separately from this renewal process. <br />11. The Division has made a negative determination for the presence of prime <br />farmland within the permit area. The decision was based on letters from <br />the Soil Conservation Service that demonstrate.that no prime farmland <br />mapping units are found within the permit area (2.07.6(2)Ck)). <br />12. Based on information provided in the application, the Division has <br />determined that an alluvial valley floor exists within the permit or <br />adjacent area. The alluvial valley floors are known as the North Fork of <br />the Gunnison River alluvial valley floor and the Terror Creek alluvia l <br />"valley floor. <br />(a) Pursuant to Rule 2.06.8(5)(a)(i), the Division finds that the <br />proposed mining operations would not interrupt, discontinue, or <br />preclude farming on alluvial valley floors (2.06.8(5)). <br />(b) Pursuant to Rule 2.05.8<5)<a>(ii), the Division finds that the <br />proposed surface coal mining operations would not materially damage <br />the quantity and quality of water in surface and. ground water <br />systems that supply those alluvial valley floors or portions of <br />alluvial valley floors. <br />(c) Pursuant to Rule 4.24.2(1), the Division finds that the proposed <br />surface coal mining operation has been designed to preserve the <br />essential hydrologic functions of alluvial valley floors. <br />_22_ <br />