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Deputy State Historic Preservation officer. the Division finds that, <br />subject to valid existing rights as of August 3, 1977. the veining <br />operation will not adversely affect any publicly otmed park or place <br />listed on the National Register of Historic Places (2.07,6(2)(e)(1)). <br />6. For this surface mining operation, private mineral estate has been <br />severed from private surface estate in some cases; therefore, the <br />documentation specified by Rule 2.03.6(2) has been provided in the form <br />of Exhibits 3-1 and 3-2 and Tab 3, Attachment 3-11, pages 3-119 to 3-123 <br />of the New Horizon 1 permit document and Section 2.03.6 of the New <br />Horizon 2 permit application (2.07.6(2)(f)). <br />7, on the basis of evidence submitted by the applicant and received from <br />other state and federal agencies as a result of the, Section 34-33-114(3) <br />compliance review required by the Colorado Surface Coal Mining <br />Reclamation Act, the Division finds that Western Fuels-Colorado, a <br />Limited Liability Company, does not own or control any operations which <br />are currently in violation of any law, rule, or regulation of the United <br />States, or any State law, rule, or regulation, or any provision of the <br />Surface Mining Control and Reclamation Act or the Colorado Surface Coal <br />Mining Reclamation Act (2,07.6(2)(9)0)). <br />B. The operator does not control and has not controlled Mining operations <br />with a demonstrated pattern of willful''violations of the Act of such <br />nature, duration, and with such resulting irreparable damage to the <br />environment as to indicate an intent not to comply with the provisions of <br />the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to <br />be performed under this permit will not be inconsistent with other such <br />operations anticipated to be performed in areas adjacent to the permit <br />area (2.07.6(2)(i)). <br />10. The Division has examined a corporate surety in the amount of <br />$1,550,400.00. This bond has received approval. <br />The above bond amount reflects the Division's projection of reclamation <br />costs for worst-case disturbance which will occur during the proposed <br />permit term. <br />11, T ivision has {made .a positive determination for th r L1gDg&__Q_f_p rime <br />farmlan w n the permi-f area. a ec s o was based on extensive <br />y a o y an on a e er rom that demons rates <br />a a prime arm an Napping uni is oun w t in the permit ar- <br />-15ecTICM 13. <br />ee r me army art s X) below <br />for additional specif#c findin s. Information on rsme arm an is <br />con wined in a pqs. 16 ll to 16-14 o e ew or zon n 1 Permit <br />Document. <br />12. The Division has made a negative determination for the existence of <br />alluvial valley floors (AVFs) within the permit area. This determination <br />is based on information provided by the applicant which demonstrates that <br />the aeolian and sheetwash material along Tuttle and Calamity Draws does <br />not meet the geomorphic criteria for AVFs. AVFs along the San Miguel are <br />-16-