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6. For this surface mining operation, private mineral estate has not been severed from private <br />surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not required. <br />(2.07.6(2)(f)). <br />7. On the basis of 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 by the <br />Colorado Surface Coal Mining Reclamation Act; the Division finds that, based on <br />information received from the Office of Surface Mining Applicant Violator System; Trapper <br />Mining Inc. does not own or control any operations which are currently in violation of any <br />law, rule, or regulation of the United States, or any State law, rule, or regulation, or any <br />provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal <br />Mining Reclamation Act. (2.07.6(2)(g)(i)). <br />On March 2, 2009 and again on August 28, 2009, the Division queried the Office of Surface <br />Mining Applicant Violator System. The system recommendation for the proposed <br />application was "issue." <br />8. Trapper Mining 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 with such <br />resulting irreparable damage to the environment as to indicate intent not to comply with the <br />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)(i)). <br />10. The Division currently holds bond in the amount of $20,606,900.00 in the form of a <br />corporate surety. For this Permit Revision (PR-06), the required bond amount is determined <br />to be $30,099,557.00. <br />The above bond amount reflects the Division's projection of reclamation costs for worst-case <br />disturbance which will occur during the proposed permit term. The applicant must submit <br />an additional $9,492,657.00 of performance bond prior to beginning operations proposed <br />under PR-06 that have not been previously approved and bonded (2.07.6.(2)(j)). <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the permit area. The decision was based on a pre-application investigation of the soils found <br />within the proposed permit area. Pursuant to 2.04.12(2) criteria, the applicant has provided <br />information which demonstrates that lands within the permit area, which could be used as <br />cropland, are not irrigated or naturally sub-irrigated, have no dependable water supply of <br />adequate quality, and receive less than 14 inches of annual precipitation. Therefore, the <br />Division hereby renders a negative determination for the presence of prime farmland within <br />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 (AVFs) exist near the permit area: the Yampa River AVF and the <br />Trapper Mine 21 September 21, 2009