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The Division's notice of proposed decision approving the variance was published <br /> June 29, 1981, and no comments were received during the ten-day public <br /> comment period, which expired on July 8, 1981. <br /> h) Three hundred feet of an occupied dwelling unless a written waiver from the <br /> owner has been provided (2.07.6(2)(d)(v)). <br /> 5. On the basis of information submitted by Mountain Coal Company in the form of <br /> Exhibit 11, the Division finds that subject to valid existing rights as of August 3, <br /> 1977, the mining operation will not adversely affect any publicly owned park or place <br /> 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. 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 /> 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 <br /> by the Colorado Surface Coal Mining Reclamation Act, the Division finds that <br /> Mountain Coal Company does not own or control any operations which are currently <br /> in violation of any law, rule, or regulation of the United States, or any State law, <br /> rule, or regulation, or any provision of the Surface Mining Control and Reclamation <br /> Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br /> 8. Mountain Coal Company does not control and has not controlled mining operations <br /> with a demonstrated pattern of willful violations of the Act of such nature, duration, <br /> and with such resulting irreparable damage to the environment as to indicate an intent <br /> 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 <br /> performed under this p not be inconsistent with other such operations <br /> anticipated to be performed in areas adjacent to the permit area (2.07.6(2)(i)). <br /> 10. The Division has examined and is holding United Pacific Insurance Company, <br /> Corporate Surety Number U-629964-A, in the amount of $5,700,000.00. The <br /> Division estimates the reclamation liability for mining operations in this permit <br /> renewal to be $6,145,344.00. The Division is currently working with MCC-to <br /> finalize the required bond amount. MCC generally agrees with the Division estimate <br /> and is pursuing a self-bonding option at this time. Stipulation No. 59 has been added <br /> to this finding to address the pending bond issue. <br /> The above bond amount reflects the Division's projection of reclamation costs for <br /> worst-case disturbance which will occur during the proposed permit term <br /> (2.07.6.(2)(j)). <br /> 11. The Division has made a negative determination for the presence of prime farmland <br /> within the permit area. The decision was based on a letter dated October 10, 1980, <br /> 19 <br />