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) Demonstrate stability of the remaining highwalls and outslope of <br />bench; 3) Maintain a performance bond of $36,000.00; and 4) Document that <br />the highwalls at the Fruita No. 1 bench existed prior to August 3, 1977 <br />(2.07.6(2)(g)(ii)). <br />8. The operator does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such <br />nature, duration, and with such resulting irreparable damage to the <br />environment as to indicate an intent not to comply with the provisions of <br />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)(i)>. <br />10. The Division currently holds a certificate of deposit in the amount of <br />536,000.00. The above bond amount reflects the Division's projection of <br />reclamation costs for worst-case disturbance which will occur during the <br />proposed permit term. It also reflects 60 percent bond release from <br />reclamation work completed by the operator in 1990-1991. This release <br />was approved by the Division in 1991 (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 upon <br />site-specific information and observation. This includes topography, <br />geology, climate, low water availability, poorly formed thin soils, and <br />surrounding land use that demonstrates that no prime farmland mapping <br />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 and upon previous <br />application submittals that demonstrate steep topography and no perennial <br />water source. Only a small ephemeral drainage exists on the permit area <br />and highly saline soils are inherent to the area (2.07.6(2)(k) and <br />2.06.8(3)(c)). <br />13. The Division hereby approves the post-mining land use of the operation. <br />It was determined that wildlife habitat use with sparse grazing meets the <br />requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals <br />are addressed in the following section, Section B (2.01.6(2)(m)>. <br />15. the Division finds that the activities proposed by the applicant would <br />not affect the continued existence of endangered or threatened species or <br />result in the destruction or adverse modification of their critical <br />habitats (2.07.6(2>(N ). <br />16. No coal shall be removed under this permit; therefore, no AML fees are <br />required (2.07.6(2)(0)). The Division contacted the national Applicant <br />Violator System on May 11, May 18, and September 28, 1992. American <br />Shield Coal Company was not found to have any unpaid AML fees. American <br />Shield Coal Company is in compliance with Rule 2.03.5. <br />..7_ <br />