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rule, or regulation of the United States, or any State law, rule, or regulation, or any provision <br />of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act (2.07.6(2)(g)(i)). <br />8. McClane Canyon Mining, LLC does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such nature, duration, and <br />with 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 holds an approved performance bond of $390,995.00 in the form of a corporate <br />surety for the McClane Canyon Mine. This amount corresponds with the Division's latest <br />reclamation cost estimate prepared pursuant to Midterm Review No. 6 (MT-6) dated April 1, <br />2009 and recent revisions MR-47 through MR-49 since that date. This amount is equal to <br />the current bond held and reflects the Division's estimate of reclamation costs for the worst- <br />case disturbance that will occur during the proposed permit term (ending July 6, 2016). The <br />applicant has submitted a fully adequate reclamation bond that meets the applicable <br />requirements of Rule 3 (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 soil survey and land use information in the <br />permit application document indicating that land in the permit area has not been historically <br />used as cropland. No lands in the permit area are surface irrigated, and alluvial water along <br />East Salt Creek in the vicinity of the mine exhibits high salinity levels which would preclude <br />production of crops dependent on subirrigation. A December 1980, letter from the Soil <br />Conservation Service in Appendix L of the application confirms that no prime farmlands had <br />been identified within the proposed surface disturbance area (2.07.6(2)(k)). <br />12. Based on information provided in the application the Division has determined that an <br />alluvial valley floor (AVF) exists within the permit and adjacent area. The alluvial valley <br />floor is known as East Salt Creek, and a portion of the AVF has been affected by office <br />facility construction (2.07.6(2) and 2.06.8(3)(c)). <br />For additional specific findings concerning this alluvial valley floor, please see Section B, <br />XI. <br />13. The Division hereby approves the post-mining land use of the operation. It was determined <br />that rangeland/wildlife land uses meet the requirements of Rule 4.16 for the permit area <br />(2.07.6(2)(1)). <br />14. Specific approvals required under Rule 4 are addressed in section B (2.07.6(2)(m)). <br />15. The Division finds that the activities proposed by the applicant would not affect the <br />continued existence of endangered or threatened species or result in the destruction or <br />adverse modification of their critical habitats (2.07.6(2)(n)). Both the Colorado Division of <br />12