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during topsoil removal, as well as documentation and recovery of all artifacts unearthed <br />during topsoil stripping. Details of the initial survey and mitigation plans are located in <br />Volume 2, Tab 5, of the permit application (2.07.6(2)(e)(ii)). <br />A stipulation (No. 3) was placed on the 1987 permit to address the possibility of <br />encountering previously undiscovered cultural resources within the permit area. <br />Mining operations have been completed and there is no new disturbance associated <br />with this site. Therefore, this stipulation has been complied with and removed. <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)(f)). <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, <br />the Division finds that Seneca Coal Company does not own or control any operations <br />which are currently in violation of any law, rule, or regulation of the United States, or <br />any State law, rule, or regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act [in compliance <br />with Rule 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. At the time of issuance of this proposed decision for RN -06, the Division holds a <br />reclamation performance bond for the Seneca II Mine in the amount of $665,764.00, in <br />the form of Corporate Surety Bond 6510675, issued by Safeco Insurance Company of <br />America. During the RN -06 review, the Division examined the bond document and <br />updated the estimated cost of reclamation for the worst -case disturbance that will occur <br />during the 2012 -2017 permit term. The amended reclamation cost estimated by the <br />Division is $665,763.78. This amount represents the Division's estimate of the cost of <br />reclamation. It does not reflect any bond release for reclamation work completed by the <br />operator (2.07.6(2)(k)). The cost estimate with supporting documentation is set forth in <br />the Division's "Permit Renewal 06 Cost Update" for the Seneca II Mine, dated <br />September 19, 2011. <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 December 19, 1979 letter from <br />10 <br />