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required as the permittee is not proposing to mine coal within the permit area <br />(2.07.6(2)0). <br />On the basis of evidence submitted by the applicant and received from other <br />state and federal agencies as a result of the Section 34-33-114(3) compliance <br />review required by the Colorado Surface Coal Mining Reclamation Act, the <br />Division finds that HGTI does not own or control any operations which are <br />currently in violation of any law, rule, or regulation of the United States, or any <br />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. HGTI does not control and has not controlled mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and with such <br />resulting irreparable damage to the environment as to indicate an intent not to <br />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 azeas adjacent to the permit area (2.07.6(2)(1)). <br />10. Detailed reclamation cost estimates and liability information can be found in <br />Volume 2, Tab 23 of the permit application and reference is made above in the <br />Reclamation Plan portion of this document. <br />Based upon a review of the applicant's worst-case estimate, the Division has <br />determined the total bond liability for the HG Loadout and Rail Loop for the <br />2003-2008 permit term to be $975,761.00. The Division currently holds two <br />bonds totaling that amount from HGTI; therefore, no additional bond amount <br />must be submitted. (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 from the Soil <br />Conservation Service that demonstrates that no prime farmland mapping units are <br />found within the permit area. This letter is dated April 13, 1978 and can be found in <br />Volume 1, Tab 9, Attachment 9-3 of the permit application (2.07.6(2)(k)). <br />12. Based on information provided in the application, the Division has determined that <br />alluvial valley floors exist within or adjacent to the permit area. The alluvial valley <br />floor is known as the Dry Creek Alluvial Valley Floor (2.07.6(2)(k) and <br />2.06.8(3)(c)). <br />For additional information concerning the presence of alluvial valley floors <br />along Dry Creek, please see Volume 1, Tab 7 of the permit application and <br />Section B, Item XfV of this document. <br />14 <br />