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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 Lillylands, Inc. does not own or <br />control any operations which are currently in violation of any law, rule, <br />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 />(2.07.6(2)(g)(i)). <br />8. Lillylands, Inc. does not control and has not controlled mining <br />operations with a demonstrated pattern of willful vfoiations of the Act <br />of such nature, duration, and with such resulting irreparable damage to <br />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 <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 has examined the bond calculations presented in Section <br />2.05.4(2) and concurs with Lillylands that the reclamation costs for the <br />proposed Mine Area 3 is $303,250.00. The current bond in place is <br />$600,000.00. If the operator wishes to concurrently mine areas 1 and 2, <br />the bond is sufficient. If the operator plans to mine areas 1 and 3, the <br />bond will need to be increased by 516,250.00 resulting in a bond of <br />5616,250.00. If production rates require all three areas to be mined <br />simultaneously, the total bond would be $902,000.00. <br />If it is the intent to mine areas 1 and 3 concurrently, then prior to any <br />surface disturbance the additional $16,250.00 must be submitted within 5 <br />days after the public comment period ends. Final approval of the bond <br />shall be required before the permit will issue. <br />The above bond amount reflects the Division's projection of reclamation <br />costs for maximum disturbance which will occur during the proposed permit <br />term (2.07.6(2)(j)). <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 a letter from <br />the Soil Conservation Service that demonstrates that no prime farmland <br />mapping units are found within the permit area. (2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of <br />alluvial valley floors within the permit area. This determination is <br />based on information provided by the applicant which demonstrates that <br />all mine areas will be on uplands where there are no streamlaid deposits <br />holding streams, there is insufficient water available to support flood <br />irrigation or subirrigated agriculture and there is no history of <br />irrigated agricultural activities. (2.07.6(2)(k) and 2.06.8(3)<c>). <br />For additional specific findings concerning alluvial valley floors near <br />the permit area please see Section B, VIII. <br />