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recently confirmed in their letter of July 14, 2010, in response to the Division's RN-5 <br />application notification letter. <br />6. For this surface mining operation, private mineral estate has been severed from private <br />surface estate. Documentation specified by Rule 2.03.6(2) is provided in Appendix. 3-3 and <br />Appendix 3-4 of the permit application package, as revised in PR-4 (2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that Seneca Coal Company does <br />not own or control any operations which are currently in violation of any law, rule, or <br />regulation of the United 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 Mining <br />Reclamation Act (2.07.6(2)(g)(i)). <br />8. Seneca 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 estimated reclamation liability for mining operations was calculated by the Division for <br />SL-2. Based on relevant permit maps and on-site investigation, the Division determined that <br />the "worst case disturbance" occurred in August 2004. The estimated liability amount <br />necessary to reclaim the worst case disturbance is $9,078,860.00, based on reclamation plan <br />information and standard cost and equipment production references used by the Division, and <br />reflecting Phase I release on 721.9 acres. The Division currently holds a self bond for the <br />Seneca H-W Mine, in the amount of $9,078,860.00. As such, Seneca Coal Company has <br />complied with the reclamation performance bond submittal requirements of Rule 3 <br />(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 the evidence provided by the Soil Conservation <br />Service (now Natural Resources Conservation Service) that there are no prime farmland <br />mapping units within the proposed permit area (2.07.6(2)(k)). This evidence can be found in <br />Volume 5, Tab 9, Appendix 9-5. <br />12. Based on information provided in the application, the Division has determined that alluvial <br />valley floors exist within the permit or adjacent area. The alluvial valley floors are known as <br />Hubberson Gulch, Dry Creek and Sage Creek and will not be affected by raining operations. <br />(2.07.6(2)(k) and 2.06.8(3)(c)). <br />Seneca II-W Findings Document 18 C1982057 <br />Permit Renewal No. 5 December 9, 2010