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place listed on or eligible for listing in the National Register of Historic Places as <br />determined by the State Historic Preservation Office (2.07.6(2)(e)(i)). <br />6. A portion of the operation involves severed surface and mineral rights. The <br />operator has the right of entry based on deeds on file in the Las Animas County <br />Courthouse. (2.07.6(2)(f)). <br />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, the Division finds <br />that New Elk Coal Company, LLC does not own or control any operations that are <br />currently in violation of any law, rule, or regulation of the United States, or any <br />State law, rule, or regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i)). <br />8. New Elk Coal Company, LLC does not control, and has not controlled, mining <br />operations with a demonstrated pattern of willful violations of the Act of such <br />nature, duration, and with such resulting irreparable damage to the environment <br />as to indicate an intent not 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 such operations <br />anticipated to be performed in areas adjacent to the permit area (2.07.6(2)(i)). <br />10. Reclamation costs were recalculated as part of the recent approval (August 2008) <br />of SL-06, a Phase III bond release for the majority of the disturbed area. The <br />approved bond amount to be held by the Division as a result of SL-06 was <br />$72,099.00 and that bond amount is the amount currently held as required by the <br />Division. This bond amount is statutorily limited by Rule 3.03.1(2) and far <br />exceeds any amount of bond that might be required should reclamation efforts fail <br />at the NW-1 shaft and for abandonment of the remaining six water wells. The <br />Division holds a corporate surety bond from Travelers Casualty and Surety <br />Company of America in the amount of $72,099.00. This is a third party bond held <br />by Basin Resources Inc., the previous permittee prior to the permit transfer to <br />New Elk Coal Company LLC (2.07.6(2)(j)). <br />11. The Division has made a negative determination for the presence of prime <br />farmland within the permit area. This determination is based on information <br />provided by the applicant in the form of a letter from the Soil Conservation <br />Service, shown in Exhibit 15, which 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 <br />an alluvial valley floor exists within the permit or adjacent area. The alluvial valley <br />floor is known as the Picketwire Valley AVF and is located along the Purgatoire <br />11