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Processing, Inc. does not own or control any operations which are currently in violation <br />of any law, rule, or regulation of the United States, or any State law, rule or regulation, <br />or any provision of the Surface Mining Control and Reclamation Act or the Colorado <br />Surface Coal Mining Reclamation Act (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 <br />comply with the provisions of the Act (2.07.6(2)(h)). <br />9. The Division finds that surface mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated in areas <br />adjacent to the permit area (2.07.6(2)(1)). <br />10. The Division has examined the existing bond, and all accompanying riders, in the form <br />of a corporate surety for the amount of $2,114,649.00 from Lyndon Property Insurance <br />Company. This bond dollar amount has been found sufficient by the Division to cover <br />the current cost of reclamation. No further amendments to the bond are anticipated. <br />(2.07.6(2)(j)) <br />11. The Division has made a negative determination for the presence of prime farmland <br />within the pem7it area. The decision was based on a letter from the Soil Conservation <br />Service dated October 24, 1980 that demonstrates that no prime farmland mapping <br />units are found within the permit area (2.07.6(2)(k)). <br />12. Based on information provided in the application, the Division has determined that two <br />alluvial valley floors exist within the permit or adjacent area. These alluvial valley floors <br />are located within the Stonewall Valley and the Picketwire Valley. A thorough <br />description of these alluvial valley floors, and the impacts on them due to mining at New <br />Elk, is found in Section VIII of the January 11, 1989 Findings of Compliance. <br />(2.07.6(2)(k)) <br />13. The Division hereby approves the post-mining land uses of the operation. It was <br />determined that rangeland and wildlife habitat meet the requirements of Rule 4.16 for <br />the permit area. (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 />15. The Division finds that the activities proposed by the applicant would not affect the <br />continued existence of endangered or threatened species or result in the destruction or <br />adverse modification of their critical habitats (2.07.6(2)(n)). <br />16. The Division has contacted the Office of Surface Mining, Reclamation Fees Branch. As <br />of this time, March 4, 1999, the operator is current in the payment of reclamation fees <br />required by 30 CFR Chapter VI1, subchapter R (2.07.6(2)(0)). <br />11 <br />