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access or haul roads join such roads. <br />V. Impact on Public Parks <br />On the basis of information submitted by Colowyo in the form of five cultural resource <br />inventories and associated reviews and comments (in Exhibit 5 of the PAP), the Division finds <br />that, subject to valid existing rights as of August 3, 1977, the mining operation will not adversely <br />affect any publicly owned park or place listed on or eligible for listing in the National Register of <br />Historic Places as determined by the State Historic Preservation Office (in compliance with Rule <br />2.07.6(2)(e)(i)). <br />VI. Mineral and Surface Estates <br />Private mineral estate has, in part, been severed from private surface estate. Colowyo owns all <br />private lands to be affected within the permit area. Documentation in the PAP verifying this is in <br />the form of copies of property deeds (Rule 2.07.6(2)(f)). <br />VII. Applicant/Violator System <br />On the basis of evidence submitted by Colowyo and received from other State and Federal <br />agencies as a result of the Section 34 -33- 114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that neither Colowyo, nor any person <br />who owns or controls Colowyo, nor any surface coal mining and reclamation operation owned <br />by Colowyo, owns or controls any operations that are currently in violation of any law, rule, or <br />regulation of the United States, or any State law, rule, or regulation, or any provision of the <br />Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation <br />Act (in compliance with Rule 2.07.6(2)(g)). <br />VIII. Willful Violations <br />Colowyo, and all persons who own or control Colowyo, do not control and have not controlled <br />mining operations with a demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparable damage to the environment as to indicate an intent <br />not to comply with the provisions of the Act (in compliance with Rule 2.07.6(2)(h)). <br />IX. Inconsistent Operations <br />The Division finds that surface coal mining and reclamation operations to be performed under <br />this permit will not be inconsistent with other such operations anticipated to be performed in <br />areas adjacent to the permit area (in compliance with Rule 2.07.6(2)(i)). <br />X. Performance Bond <br />Detailed reclamation cost estimates and liability information can be found in Exhibit 13 of the <br />Proposed Decision and Findings of Compliance January 2012 <br />Permit Renewal 06 Page 127 <br />