2011-01-13_REVISION - C1980006 (9)

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approvals may be found in Exhibit 56. Map 28A identifies the location of right-of- ways. h. Three-hundred feet of an occupied dwelling (2.07.6(2)(d)(v)). 5. On the basis of information submitted by Kerr Coal Company in the form of three Kerr Coal Company surveys (found in Exhibit 45 and located on Map 4A) and one BLM cultural resource inventory of North Park, the Division finds that, subject to valid existing rights as of August 3, 1977, the mining operation will not adversely affect any publicly owned park or place listed on the National Register of Historic Places (page 779-2aaaaaa) (Rule 2.07.6(2)(e)(i)). 6. For this surface mining operation, private mineral estate has not been severed from private surface estate. The documentation specified by Rule 2.03.6(2) is therefore not required (2.07.6(2)(f). 7. On the basis of evidence submitted by the applicant and received from other state and federal agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that the Marr Mine does not own or control any operations which are currently in violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). 8. The applicant or operator does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act (2.07.6(2)(h)). 9. The Division finds that surface coal mining and reclamation operations to be performed under this permit will not be inconsistent with other such operations performed in areas adjacent to the permit area (2.07.6(2)(i)). Historically, Marr is not alone in mining coal on Jackson County rangeland. The reclaimed Canadian Strip Mine (now terminated) formerly adjoined the Marr permit area to the south and the reclaimed Bourg Mine (now terminated) was located several miles north. 10. The Division currently holds a performance bond, in the form of a corporate surety, in the amount of $19,619.00 for statutory requirements. The Division estimates that the cost to complete the reclamation activities at the Marr Mine is $19,137.00. 11. The Division has made a negative determination for the presence of prime farmland within the permit area. The decision was based on evidence provided by the Natural Resources Conservation Service that demonstrates that no prime farmland mapping units are found within the permit area (2.07.6(2)(k)). 12. Based on information provided in the application, the Division has determined that four alluvial valley floors exist within the permit or affected area. These alluvial valley floors 20