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6. For this surface mining operation, private mineral estate has been severed from private <br />surface estate; therefore, the documentation specified by Rule 2.03.6(2) has been provided <br />in descriptions of lease numbers, sublease agreements, warranty deeds, and quit claim <br />deeds in the permit pages. (2.07.6(2)(f)). <br />As of December 16, 2003, RAG-EC maintains right of entry for surface lands affected by <br />surface disturbance. It is apparent that surface access rights to one property may expire <br />January 15, 2004. RAG-EC must insure that this will not occur. If this surface access <br />does expire during the public comment period of this proposed decision, the Division will <br />have to stay its fmal approval of this proposed decision unfil such time as this right to enter <br />is obtained. <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 by the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that RAG Empire <br />Corporation's parent company, RAG American Coal Holding, Inc., does not own or control <br />any operations which aze currently in violation of any law, rule, or regulation of the United <br />States, or 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. The operator does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with <br />such resulting irreparable damage to the environment as to indicate an intent not to comply <br />with the provisions of the Act (2.07.6(2)(h)). <br />9. Pursuant to Rule 2.07.6(2)(1), the Division finds that the Eagle Mine Complex will not be <br />inconsistent with other operations anticipated to be performed in azeas adjacent to the <br />proposed permit area. Therefore, the application is in compliance with the requirements of <br />this section for the Eagle No. Mine Complex. <br />The Trapper Mine is adjacent to the Eagle Mine Complex. The Trapper Mine has <br />completed coal extraction from the Colt Pit, located above the proposed Eagle No. 6 <br />Mine's underground workings in T6N, R91 W, Section 32. The seams being mined are <br />stratigraphicallyseparared by an excess of 1,000 feet. Trapper Mine completed surface <br />mining in the Colt Pit prior to any mining occurring within the Eagle No. 6 Mine in azeas <br />which could potentially cause subsidence disruption of the stratigraphic section to be <br />mined within the surface pit. Backfilling, gading, topsoiling, and seeding of the Colt Pit <br />occurred during the fall of 1993. The underground workings of the Eagle No. 6 Mine <br />progressed into TSN, R91 W, Section 5, during the fall of 1993. <br />10. The Division currently holds a bond of $3,552,679.00 in the form of a corporate surety and <br />an attached rider. The Division estimated the cost of Reclamation to be $3,552,679.00 on <br />October 31, 2003. This bond is adequate to cover estimated liability for Reclamation on <br />the perrnitted operation. <br />14 <br />