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7. On the basis of evidence submitted by the applicant and received from other state <br />and federal agencies, as a result of the Section 34-33-114(3) compliance review <br />required by the Colorado Surface Coal Mining Reclamation Act and utilizing <br />OSMRE's Applicant Violator System (AVS), the Division has found that Peabody <br />Coal Company owns or controls an operation which is currently in violation of a <br />regulation of the State of Kentucky concerning subsidence for which a cessation <br />order has been issued (2.07.6(2)(g)(i)). <br />Due to this cessation order, the Division is attaching the following stipulation to the <br />applicant's permit: <br />Stipulation # 1 <br />WITHIN 30 DAYS OF PERMIT ISSUANCE, THE PERMTTTEE SHALL SUBMIT <br />TO THE DIVISION PROOF THAT KENTUCKY VIOLATION # 8895005 HAS <br />BEEN OR IS BEING CORRECTED OR THAT THE VIOLATION IS UNDER <br />ADMINISTRATIVE OR JUDICIAL APPEAL REVIEW; AND IF THE VIOLATION <br />IS APPEALED, THE PERMTTTEE SHALL SUBMIT TO THE DIVISION PROOF <br />OF THE RESOLUTION OF THAT APPEAL AS SOON AS POSSIBLE AFTER <br />PERMIT ISSUANCE. <br />8. Peabody Coal Company does not control and has not controlled mining operations with <br />a demonstrated pattern of willful violations of the Act of such nature, duration, and <br />with such resulting irreparable damage to the environment as to indicate 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 performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area (2.07.6(2)(1)). <br />10. Detailed reclamation cost estimates and liability information can be found in Volume <br />2, Tab 23 of the permit application and reference is made above in the Reclamation <br />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 />1993-1998 permit term to be $696,724.00. The actual bond must be submitted to <br />and approved by the Division prior to issuance of the permit. Final approval of <br />the bond is required before new on-ground disturbance is undertaken (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 Conservation <br />Service that demonstrates that no prime farmland mapping units are found within the <br />permit area. This letter is dated April 13, 1978 and can be found in Volume 1, Tab 9, <br />Attachment 9-3 of the permit application (2.07.6(2)(k)). <br />is <br />