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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 Peabodv Coal Companv does not <br />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 <br />regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. <br />8. Peabody does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparable damage to the environment <br />as to indicate an intent not to comply with the provisions of the Act. <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. Peabod.V Coal Company will increase the current bond amount by $90,276.00 <br />as a result of this permit revision. This will increase the existing <br />$1,420,004.00 bond to a total of 51,510,280.00. The actual bond or bond <br />rider must be submitted within 5 days after the public comment period <br />ends. Final approval of the bond shat] be required before the permit <br />revision will be given final approval. <br />The above bond amount reflects the Division's projection of reclamation <br />costs for worst-case disturbance which will occur during this five year <br />permit term. <br />11. The Division has made a positive determination for the presence of prime <br />farmland within the permit area. The decision was based on a letter from <br />SCS that demonstrates that a prime farmland mapping unit is found within <br />the permit area. [2.07.6(2)(ki]. See "Operations on Prime Farmlands" <br />(Section B, X) below for additional specific findings., Information on <br />Prime Farmland is contained in Tab 16, pas. 16-11 to 16-14 of the permit <br />revision application. <br />12. The Division has made a negative determination for the existence of <br />alluvial valley floors (AYFs) within the Dermit area. This determination <br />is based on information provided by the applicant which demonstrates that <br />the aeolian and sheetwash material along Tuttle and Calamity Draws does <br />not meet the geomorphic criteria for AVFs. AVFs along the San Miguel are <br />more than two-and-a-half miles away and will not be impacted by the Nucla <br />Mines. [2.07.6(2)(k) and 2.06.8(3)(c)]. <br />For additional specific findings concerning this alluvial valley floor <br />see Section B, IX. <br />-30- <br />