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<br />8. The operator does not control and has not controlled mining operations with a demonstrated <br />pa[tem of violations of the Act of such nature, duration, and with such resulting irreparable <br />damage to the environment as to indicate an intent not to comply with the provisions of the Act <br />(2.07.6(2)(h)). <br />9. The Division finds that reclamation operations to be performed under this permit will not be <br />inconsistent with other such operations anticipated to be performed in areas adjacent to the permit <br />area (2.07.6(2)([)). <br />10. The Division has an existing bond in the form of a Letter of Credit in the amount of $38,000.00. <br />The above bond amount reflects the Division's projection of reclamation costs for Phase III <br />reclamation work which will occur during the proposed permit term. The mine has successfully <br />achieved a Phase I and Phase I[ bond release, the latter of which was approved by the Division <br />during the previous permit term (2.07.6(2)(j)). <br />1 I. The Division has made a negative determination for the presence of prime farmland within the <br />permit area. The decision was based on a February I5, 1980 letter from the Soil Conservation <br />Service that demonstrates that no prime farmland mapping units are found within the permit area <br />(2.07.6(2)(k)). <br />12. The Division has made a negative determination for the existence of alluvial valley floors within <br />the permit area. This determination is based on information provided by the applicant and Feld <br />studies by the Division which demonstrate that neither the Maitland Arroyo or the Gordon Arroyo <br />meet the necessary criteria to be identified as AVF's (2.07.6(2)(k) and 2.06.8(3)(c)). <br />13. The Division hereby approves the post-mining land use of the operation. It was determined that <br />resuming the area to rangeland use meets the requirements of Rule 4.16 for the permit area <br />(2.07.6(2)(1)). <br />I4. Specific approvals have been granted or aze proposed. These approvals are addressed in the <br />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 continued <br />existence of endangered or threatened species or result in the destruction or adverse moditication <br />of their critical habitats (2.07.6(2)(n)). <br />10 <br />