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8. SCCC Coal Company 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 an intent not to comply with <br />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)(i)). <br />10. The Division estimates the total reclamation liability applicable to the PSCM is $5,466,264, <br />which is based on the proposed worst-case disturbance during the permit term. The worst- <br />case disturbance is comprised of new liability created by new disturbance on previously <br />undisturbed lands, redisturbance of previously disturbed lands that have previously received <br />bond release, and $1,850,183 of liability remaining for disturbed lands that are proposed for <br />transfer from the Seneca II Mine to the PSCM. The liability proposed for transfer excludes <br />amounts previously approved for bond release at the Seneca II ]Mine. Map 3.02.2-M1 shows <br />the bond release status of lands that are proposed for transfer from the Seneca II Mine to the <br />PSCM. (2.07.6(2)(j)). <br />11. The Division has determined that prime farmland does not exist within the permit area. The <br />determination was based on a letter from the Natural Resources Conservation Service dated <br />October 8, 2009 that states no prime and unique soils are located within the PSCM permit <br />area. Exhibit 2.04.12-E1 contains a copy of the letter (2.07.6(2)(k)). <br />12. The Division has determined that alluvial valley floors do not exist within the permit area or <br />adjacent areas in the Annand Draw and Scotchman's Gulch watersheds. This determination <br />is based on information provided by the applicant who demonstrates that poor water quality <br />as well as the limited size and isolation of two potentially subirrigated fields precludes those <br />fields from meeting the regulatory criteria of an alluvial valley floor. The Division has <br />determined alluvial valley floors exist in the watersheds of Fish Creek, Grassy Creek, and <br />Little Grassy Creek. The proposed mining operations will not interrupt, discontinue, or <br />preclude agricultural activities in the three watersheds. For additional specific findings <br />concerning alluvial valley floors, please see Section B, XII (2.07.6(2) and 2.06.8(3)(C)). <br />13. The Division has determined that a primary use of livestock grazing and secondary uses as <br />wildlife habitat and recreation meet the requirements of Rule 4.16 for the disturbed area. The <br />Division has also determined that primary uses of livestock grazing and cropland and <br />secondary uses as wildlife habitat and recreation meet the requirements of Rule 4.16 for the <br />areas in the permit area that are outside the disturbed area. The Division proposes to approve <br />the postmining land uses of the disturbed area of rangeland for supporting livestock grazing, <br />wildlife habitat, and recreational use. The Division also proposes to approve the postmining <br />land uses of rangeland, cropland, wildlife habitat, and recreation for areas outside the <br />disturbed area. (2.07.6(2)(1)). <br />14. Two species of birds identified by the Colorado Division of Wildlife as threatened species <br />are known to occur within the proposed PSCM permit area, the Columbian sharp-tailed <br />Peabody Sage Creek Mine 17 May 7, 2010