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National King Coal also obtained a letter, dated March 4, 1980, from the State Historic <br />Preservation Officer pertaining to a file search of their records. No known sites eligible <br />for the National Register of Historic Places were identified. The Colorado State Historical <br />Society updated this finding on December 7, 1993, and again on March 12, 1998. A final <br />letter from the Colorado Historical Society on January 3, 2000, states: "that there will be <br />no effect to cultural resources". <br />Additionally, a CASA Cultural Resources survey was performed in 1994 and the <br />recommendations were the same as those above. <br />On the basis of this information, the Division finds that subject to valid existing rights as <br />of August 3, 1977, the mining operation will not adversely affect any publicly owned park <br />or place listed on or eligible for listing in the National Register of Historic Places as <br />determined by the State Historic Preservation Office (2.07.6(2)(e)(I)). <br />6. Although there is a separation of mineral estate to be mined from the surface ownership, <br />the King Coal Mine is not a surface coal mining operation nor are any surface coal mining <br />operations to be conducted on the acreage in question. As a result, the submittal of <br />documentation as required by Rules 2.07.6(2)(f) and 2.03.6(2) is not required. <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 finds that National King <br />Coal, Inc. 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. The operator does not control and has not controlled mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and with such resulting <br />irreparable damage to the environment as to indicate an intent not to comply with the <br />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 has in possession a Letter of Credit #444 from the Firs[ National Bank of <br />Durango in the amount of $120,000. The bond amount currently exceeds the Division's <br />projection of reclamation costs for worst-case disturbance which will occur during the <br />proposed permit term (2.07.6.(2)(j)). <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the permit area. The basis for this decision was that there are no prime farmland mapping <br />units (soils) within the permit area and the land has not been historically used a cropland. <br />10 <br />