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required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that neither <br />Colowyo, nor any person who owns or controls Colowyo, nor any surface coal mining and <br />reclamation operation owned by Colowyo, does not own or control any operations which are <br />currently in violation of any law, rule, or regulation of the United States, or any State law, rule, <br />or regulation, or any provision of the Surface Mining Control and Reclamation Act or the <br />Colorado Surface Coal Mining Reclamation Act [in compliance with Rule 2.07.6(2)(g)(1)]. The <br />Applicant /Violator System was checked on February 24, 2011, November 1, 2011, and again on <br />April 8, 2013. <br />E. Willful Violations. Colowyo, and all persons who own or control Colowyo, do not control and <br />have not controlled mining operations with a demonstrated pattern of willful violations of the <br />Act of such nature, duration, and with such resulting irreparable damage to the environment as to <br />indicate an intent not to comply with the provisions of the Act [in compliance with Rule <br />2.07.6(2)(h)]. <br />F. Inconsistent Operations. The Division finds that surface coal mining and reclamation <br />operations to be performed under this permit will not be inconsistent with other such operations <br />anticipated to be performed in areas adjacent to the permit area [in compliance with Rule <br />2.07.6(2)(I)]. <br />G. Performance Bond. Colowyo proposed to submit a performance bond in accordance with the <br />disturbance. Detailed reclamation cost estimates and liability information can be found in Exhibit <br />13 of the Permit. A review of Division files indicates that the Division currently holds surety <br />bond for activity within the Permit area in the amount of $80,517,829.00 [in compliance with <br />Rule 2.07.6(2)(j)]. The required bond amount, following the approval of Permit Revision No. 3, <br />is $364,423,961.85. Prior to Colowyo disturbing any additional lands in the PR -03 area an <br />additional $260,571,633.85 in bond monies must be submitted to, and approved by the Division. <br />H. Prime Farmland & Alluvial Valley Floors. The Division has made a negative determination <br />for the presence of prime farmland within the permit area. The decision was based on a letter <br />from the Natural Resource Conservation Service (formerly Soil Conservation Service) that <br />demonstrated that no prime farmland mapping units are found within the permit area. This letter <br />is dated December 18, 1980 and can be found in Exhibit 9 of the Permit [in compliance with <br />Rule 2.07.6(2)(k)]. CCC consulted with NRCS in 2002 and the NRCS determined that no prime <br />farmland existed in the area. This determination is verified on the NRCS Web Soil Survey <br />website: http: / /websoilsurvey.nres. usda.gov /app/WebSoilSurvey.aspx <br />Based on information provided in the Permit, the Division has determined that alluvial valley <br />floors exist within the permit or adjacent areas. These alluvial valley floors are known as <br />Goodspring Creek, Wilson Creek, Lower Elkhorn Creek, Morgan Creek and the lower portions <br />of Collom Gulch. There is a potential that Goodspring Creek and Wilson Creek may be affected <br />by mining operations. The Division finds, however, that operations and reclamation activities <br />comply with the requirements of Rules 2.06.8(3)(c), 2.06.8(4), 2.06.8(5), and 2.07.6(2)(k). For <br />Colowyo Coal Mine C1981 -019 PR -03 38 April 10, 2013 <br />