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On the basis of information submitted by Seneca Coal Company in the form of a letter of <br />approval from the State Historic Preservation Office, the Division finds that subject to <br />valid existing rights as of August 3, 1977, the mining operation will not adversely affect <br />any publicly owned park or place listed on or eligible for listing in the National Register <br />of Historic Places as determined by the State Historic Preservation Office. <br />(2.07.6(2)(e)(i))• <br />6. For this surface mining operation, private mineral estate has not been severed from <br />private surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not <br />required. (2.07.6(2)(0). <br />7. Applicant Violator System. On the basis of evidence submitted by the applicant and <br />received from 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 Reclamation Act, the <br />Division finds that Seneca Coal Company does not own or control any operations which <br />are currently in violation of any law, rule, or regulation of the United States, or any State <br />law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation <br />Act or the Colorado Surface Coal Mining Reclamation Act [in compliance with Rule <br />2.07.6(2)(g)(h)]• <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 <br />such resulting irreparable damage to the environment as to indicate an intent not to <br />comply with 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 currently holds a performance bond (Self Bond # SB 005) in the amount of <br />$4,305,484.00. This bond remains in force for the 2010-2015-permit term. The above <br />bond amount is the Division's projection of reclamation costs for maximum reclamation <br />requirements, which would occur during the proposed permit term. The cost estimate for <br />bond liability has not been revised as a result of the renewal application. The latest <br />reclamation cost estimate of December 14, 2009 prepared for Bond Release No. 2 (SL-2) <br />remains valid. The Division estimates the reclamation liability for mining operations in <br />this permit term to be $4,305,484.00. The amount of performance bond reflects the <br />Division's projection of reclamation costs for the worst-case disturbance that will occur <br />during this permit term. It reflects two Phase I bond releases for reclamation work <br />completed (2.07.6(2)0)). <br />11. The Division has made a negative determination for the presence of prime farmland <br />within the permit area. The decision was based on a copy of a Soil Conservation Service <br />list of prime farmland in the vicinity of the mine, dated September 9, 1992, that <br />demonstrates that no prime farmland mapping units are found within the permit area. <br />(2.07.6(2)(k)). <br />Yoast Mine 19 December 15, 2010