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8. The operator 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 mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated in areas <br />adjacent to the permit area (2.07.6(2)(i)). <br />10. The Division currently holds five reclamation bonds for this permit. The largest of those <br />bonds is Letter of Credit No. NZS636449, in the amount of $2,744,969.00 from Wells <br />Fargo Bank. The Division also holds four separate cash bonds totaling $726,935.00, <br />resulting in a total dollar amount of bond held by the Division of $3,471,904.00. <br />Reclamation cost estimates for the Jansen Loadout were calculated to be $157,636.00 <br />and when added to the previous reclamation cost estimate value of $3,316,590.00 after <br />Technical Revision No. 53 approved January 4, 2011, result in a total reclamation cost <br />estimate of $3,474,226.00, which exceeds the amount of bond held by $2322.00. <br />Therefore, approval of PR-03, Jansen Loadout, will require additional bond in the <br />amount of $2322.00 be submitted and approved prior to implementation of the Jansen <br />Loadout activities. This bond difference is exactly the increase in bond associated with <br />recently approved Technical Revision No. 53. If activities approved under Technical <br />Revision No. 53 are not implemented, activities at the Jansen Loadout may proceed <br />once the PR-03 decision is final following expiration of the 30-day public comment <br />period (2.07.6(2)(j)). <br />11. The Division has made a negative determination for the presence of prime farmland <br />within the mine permit area. The decision was based on a letter from the Soil <br />Conservation Service dated October 24, 1980 that demonstrates that no prime <br />farmland mapping units are found within the mine permit area. No prime farmland <br />exists within the Jansen Loadout permit area as the entire area has been previously <br />disturbed as an industrial area (2.07.6(2)(k)). <br />12. Based on information provided in the application, the Division has determined that two <br />alluvial valley floors exist within the permit or adjacent area. These alluvial valley floors <br />are located within the Stonewall Valley and the Picketwire Valley, which also includes <br />the Jansen Loadout area. A thorough description of these alluvial valley floors, and the <br />impacts on them due to mining at New Elk, is found in Section VIII of the January 11, <br />1989 Findings of Compliance. Activities at the Jansen Loadout will not affect the <br />Purgatoire River AVF in any way (2.07.6(2)(k)) <br />13. The Division hereby approves the post-mining land uses of the operation. It was <br />determined that rangeland and wildlife habitat for the mine area and industrial for the <br />loadout meet the requirements of Rule 4.16 for the entire permit area. (2.07.6(2)(1)) <br />14. Specific approvals have been granted or are proposed. These approvals are <br />10