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the Colorado Surface Coal Mining Reclamation Act, the Division finds that Picketwire <br />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)(i)). <br />10. The Division has examined the existing bond, Letter of Credit No. 307, in the amount of <br />$2,744,969.00 from Colorado First National Bank of Bennett. Due to unit cost <br />increases, recalculation of the reclamation cost estimate for RN-05 has resulted in the <br />required bond amount to be held by the Division to be increased by $102,403.00 to <br />$2,847,372.00. This new bond dollar amount has been found sufficient by the Division <br />to cover the current cost of reclamation. At the time of these written findings, a new <br />bond in the amount of $2,744,969.00 is under consideration by the Division but has not <br />been formally accepted. An approved replacement bond or rider to the existing letter of <br />credit in the amount of $2,847,372.00 must be held and accepted by the Division prior <br />to issuance of the new, five-year permit for Permit Renewal No. 5 (RN-05). <br />(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 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 />10