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5. The Division finds that, subject to valid, existing rights as of August 3, 1977, the mining <br />operation will not adversely affect any publicly owned park or place listed on or eligible <br />for listing in the National Register of Historic Places, as determined by the State Historic <br />Preservation Office. This finding is based on information submitted by the original <br />applicant in the form of a letter written by the Colorado Historical Society shown in <br />Exhibit 7. (2.07.6(2)(e)(i)). <br />6. This is an underground mining operation, and the private mineral estate has both been <br />severed from private surface estate in some areas and has not been severed in other <br />areas. The documentation specified by Rule 2.03.6(1), in the form of a deed on file with <br />the Las Animas County Courthouse, has been provided. <br />7. On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34 -33- 114(3) compliance review required by <br />the Colorado Surface Coal Mining Reclamation Act, the Division finds that New Elk Coal <br />Company LLC does not own or control any operations which are currently in violation of <br />any law, rule, or regulation of the United States, or any State law, rule or regulation, or <br />any provision of the Surface Mining Control and Reclamation Act or the Colorado <br />Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />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 five separate cash bonds, that when added to the <br />letter of credit, result in a total dollar amount of bond held by the Division of $3,824,698. <br />The applicant is currently slightly over - bonded, as the current reclamation liability prior <br />to this approval is $3,778,562.00. Permit Revision No. 2 (PR -02) will increase the <br />reclamation liability by $23,271.00, resulting in a PR -02 post - approval reclamation <br />liability of $3,801,833.00. <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 farmland <br />mapping units are found within the mine permit area. No prime farmland exists within <br />the Jansen Loadout permit area as the entire area has been previously disturbed as an <br />industrial area (2.07.6(2)(k)). <br />9 <br />