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resources ". There has been no expansion of the permit boundary since the approval of <br />PR -2, in 1999. The SHPO's "No Effect" finding was most recently confirmed in their <br />letter of July 14, 2010, in response to the Division's RN -5 application notification letter. <br />6. For this surface mining operation, private mineral estate has been severed from private <br />surface estate. Documentation specified by Rule 2.03.6(2) is provided in Appendix 3 -3 <br />and Appendix 3 -4 of the permit application package, as revised in PR -4 (2.07.6(2)(f)). <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 the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that Seneca Coal <br />Company does not own or control any operations which are currently in violation of any <br />law, rule, or regulation of the United States, or any State law, rule, or regulation, or any <br />provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br />Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <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 comply <br />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 estimated reclamation liability for mining operations was calculated by the Division <br />for PR -6. The current estimated reclamation cost for the Seneca II -W Mine is <br />$6,255,553.00, reflecting removal of the Tie - Across Haul Road from the permit area. <br />The Division currently holds a self bond for the Seneca II -W Mine, in the amount of <br />$6,743,430.00. As such, Seneca Coal Company has complied with the reclamation <br />performance bond submittal 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 the evidence provided by the Soil <br />Conservation Service (now Natural Resources Conservation Service) that there are no <br />prime farmland mapping units within the proposed permit area (2.07.6(2)(k)). This <br />evidence can be found in Volume 5, Tab 9, Appendix 9 -5. <br />12. Based on information provided in the application, the Division has determined that alluvial <br />valley floors exist within the permit or adjacent area. The alluvial valley floors are known <br />as Hubberson Gulch, Dry Creek and Sage Creek and will not be affected by mining <br />operations. (2.07.6(2)(k) and 2.06.8(3)(c)). <br />Seneca II -W Findings Document 16 C- 1982 -057 <br />Permit Revision No. 6 January 6, 2012 <br />