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7. On the basis of evidence submitted by the applicant and received from other state <br />and federal agencies as a result of the Section 34-33-114(3) compliance review <br />required by the Colorado Surface Coal Mining Reclamation Act, the Division <br />finds that Seneca Coal Company does not own or control any operations which <br />are currently in violation of any law, rule, or regulation of the United States, or <br />any State law, rule, or regulation, or any provision of the Surface Mining Control <br />and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i)). <br />8. Seneca 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, <br />duration, and with such resulting irreparable damage to the environment as to <br />indicate an intent 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 permit will not be inconsistent with other such operations <br />anticipated to be performed in areas adjacent to the permit area (2.07.6(2)(1)). <br />10. The Division estimates the reclamation liability for mining operations in this <br />permit renewal to be $4,590,779.00. The Division currently holds a $4,000,000.00 <br />performance bond for the Seneca II-W Mine. Seneca Coal Company must submit <br />an additional $590,779.00 of performance bond prior to issuance of a renewed <br />permit (2.07.6(20(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 the evidence <br />provided by the Soils Conservation Service that there are no prime farmland <br />mapping units within the proposed permit area (2.07.6(2)(k)). This evidence can <br />be found in Volume 5, Tab 9, Appendix 9-5. <br />12. Based on information provided in the application, the Division has determined <br />that alluvial valley floors exist within the permit or adjacent area. The alluvial <br />valley floors are known as Hubberson gulch, Dry Creek and Sage Creek and will <br />not be affected by mining operations. (2.07.6(2)(k) and 2.06.8(3)(c)). <br />For additional specific findings concerning this alluvial valley floor please see <br />Section B, XII. <br />13. The Division has approved the post-mining land uses of the operation. It was <br />determined that the primary post-mining land uses rangeland/wildlife habitat, <br />non-irrigated cropland, and secondary industrial use meet the requirements of <br />Rule 4.16 (2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are <br />addressed in the following section, Section B (2.07.6(2)(m)). <br />13 <br />