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6. For this surface mining operation, private mineral estate has not been severed from <br />private surface estate, therefore, the documentation specified by Rule 2.03.6(2) is not <br />required. (2.07.6(2)(f)). <br />7. Based on 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 <br />by the Colorado Surface Coal Mining Reclamation Act, the Division finds that <br />Slurco, Inc. does not own or control any operations that are currently violating any <br />law, rule, or regulation of the United States, or any State law, rule, or regulation, or <br />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. Slurco, Inc. 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 <br />with such resulting irreparable damage to the environment as to suggest an intent not <br />to 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 operations <br />anticipated to be performed in areas next to the permit area. (2.07.6(2)(1)). <br />10. The Division has examined a copy of the irrevocable letter of credit in the amount <br />$298,580. This bond had been approved December 27, 1991. This bond reflects the <br />Division's projection of reclamation costs for worst-case vegetation failure that <br />possibly could occur during the proposed permit term. This revised amount reflects <br />that 60% of the bond has been released as part of the phase 1 bond release for <br />backfilling and grading of the mine site. This release was approved by the Division <br />during current permit term. The Division has approved a phase II bond release on <br />all reclaimed areas. (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. Information regarding Prime Farmland is found in Appendix <br />I of Volume II of the permit application. This decision is based on a letter of August <br />6, 1979, from Kenn Lutz, District Conservationist of the Soil Conservation Service, <br />stating that there are no prime farmland mapping units within the proposed permit <br />area. (2.07.6(2)(k)). <br />12. Based on information submitted in the permit application the Division has identified <br />three areas as potential alluvial valley floors. These three areas were identified along <br />the Michigan River, the North Fork of Bolton Draw, and the main channel of Bolton <br />Draw. Detailed information concerning alluvial valley floors can be found in section <br />B. <br />Canadian Strip Mine, C-81-026 IS July 31, 1992 <br />