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For PR -14, History Colorado provided comments that the proposed mine plan would not <br />adversely affect any public park or place listed on or eligible for listing in the National <br />Register of Historic Places. Since the determination of no adverse effect is based on the <br />assumption that there will be no surface disturbance within the Spruce Stomp lease area, the <br />following stipulation is placed on the proposed decision to approve PR -14: <br />PRIOR TO ANY SURFACE DISTURBANCE OF LANDS WITHIN THE SPRUCE STOMP LEASE <br />AREA (COC- 75916), BRL WILL NEED TO EVALUATE THE EFFECTS OF THAT <br />DISTURBANCE ON ANY OF THE SITES LISTED AS ELIGIBLE FOR LISTING ON THE <br />NATIONAL REGISTER OF HISTORIC PLACES, AS DOCUMENTED IN THE 2012 CLASS III <br />CULTURAL RESOURCES INVENTORY REPORT FOR THE LEASE AREA. <br />Specific surveys, inventories and approval letters for the currently approved permit area and <br />PR -14 expansion area are contained in Volume VI of the Bowie No. 2 Mine permit <br />application document (2.07.6(2)(e)(ii)). <br />6. For this surface mining operation, private mineral estate has not been severed from private <br />surface estate, therefore, the documentation specified by Rule 2.03.6(2) is not required <br />(2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant 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 Bowie Resources, LLC does <br />not own or control any operations which 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 <br />Reclamation Act (2.07.6(2)(g)(i)). However, a query of the Applicant Violator System <br />(AVS) indicates that there are outstanding violations from other entities associated with <br />parent corporations of Bowie Resources, LLC. Those violations are addressed in settlement <br />agreements and accordingly will not preclude approval of this permit revision application. <br />The most recent Applicant Violator System (AVS) check occurred on October 6, 2014. <br />8. Bowie Resources, LLC 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 such <br />resulting irreparable damage to the environment as to indicate an intent not to comply with <br />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 Division estimates the reclamation liability for mining operations in this permit term to <br />be $11,327,770.50. The Division currently holds $11,339,730.57 in reclamation <br />performance bonds for the Bowie No. 2 Mine (2.07.6(200)). <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the disturbed area. Soil types indicative of prime farmland do occur in the permit area; <br />however, these soil types either will not be disturbed by the Bowie No. 2 Mine or occur on <br />Page 29 of 46 <br />