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7. Adverse Impacts. On the basis of information submitted by Colowyo Coal Company in the <br />form of five cultural resource inventories and associated reviews and comments (in Exhibit 5 of <br />the permit), the Division finds that, subject to valid existing rights as of August 3, 1977, the <br />mining operation will not adversely affect any publicly owned park or place listed on or eligible <br />for listing in the National Register of Historic Places as determined by the State Historic <br />Preservation Office [in compliance with Rule 2.07.6(2)(e)(I)]. <br />8. Mineral and Surface Estates. Private mineral estate has, in part, been severed from private <br />surface estate. Colowyo owns all private lands to be affected within the Permit area. <br />Documentation in the Permit verifying this is in the form of copies of property deeds [Rule <br />2.03.6(2)]. <br />D. Applicant/Violator System. On the basis of evidence submitted by the Applicant and received <br />from other state and federal agencies as a result of the Section '14-33-1140) compliance revie-1 <br />required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that neither <br />Colowyo, nor any person who owns or controls Colowyo, nor any surface coal mining and <br />reclamation operation owned by Colowyo, does not own or control any operations which are <br />currently in violation of any law, rule, or regulation of the United States, or any State law, rule, <br />or regulation, or any provision of the Surface Mining Control and Reclamation Act or the <br />Colorado Surface Coal Mining Reclamation Act [in compliance with Rule 2.07.6(2)(g)(I)]. <br />E. Willful Violations. Colowyo, and all persons who own or control Colowyo, do not control and <br />have not controlled mining operations with a demonstrated pattern of willful violations of the <br />Act of such nature, duration, and with such resulting irreparable damage to the environment as to <br />indicate an intent not to comply with the provisions of the Act [in compliance with Rule <br />2.07.6(2)(h)]. <br />F. Inconsistent Operations. The Division finds that surface coal mining and reclamation <br />operations to be performed under this permit will not be inconsistent with other such operations <br />anticipated to be performed in areas adjacent to the permit area [in compliance with Rule <br />2.07.6(2)(1)]. <br />G. Performance Bond. Colowyo has submitted a performance bond in accordance with the <br />worst-case proposed disturbance. Detailed reclamation cost estimates and liability information <br />can be found in Exhibit 13 of the Permit. A review of Division files indicates that the Division <br />currently holds surety bond for activity within the Permit area in the amount of $83,156,939.00 <br />[in compliance with Rule 2.07.6(2)(j)]. The Division has determined that this amount is adequate <br />to ensure reclamation in the event of permit revocation and bond forfeiture. Colowyo does not <br />need to submit any additional bond monies at this time. <br />H. Prime Farmland & Alluvial Valley Floors. The Division has made a negative determination <br />for the presence of prime farmland within the permit area. The decision was based on a letter <br />from the Soil Conservation Service that demonstrated that no prime farmland mapping units are <br />found within the permit area. This letter is dated December 18, 1980 and can be found in. Exhibit <br />Proposed Decision and Findings of Compliance 14 September 2009 <br />Permit Renewal 05 Page 32