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<br /> <br /> <br /> <br />PR-04, Colowyo Coal Mine C1981-019 32 August 2016 <br /> <br />Documentation in the Permit verifying this is in the form of copies of property deeds [Rule <br />2.03.6(2)]. <br /> <br />D. Applicant/Violator System. The Applicant/Violator System (AVS) is related to Section <br />34-33-114(3) of the Colorado Surface Coal Mining Reclamation Act. On the basis of evidence <br />submitted by CCC and received from other state and federal agencies, the Division finds that <br />Colowyo (or any person who owns or controls Colowyo, or any surface coal mining and <br />reclamation operation owned by Colowyo) does not own or control any operations that are <br />currently in violation of any law, rule, or regulation of the United States. Nor is Colowyo (or <br />related entities), in violation of any State law, rule, or regulation, or any provision of the Surface <br />Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act [in <br />compliance with Rule 2.07.6(2)(g)(I)]. The Applicant/Violator System was checked on <br />September 1, 2015, April 28, 2016, and August 5, 2016. <br /> <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 /> <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 /> <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 />13A 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. 4, <br />is $188,495,166.00. Prior to Colowyo disturbing any additional lands in the PR-04 area an <br />additional $107,977,337.00 in bond monies must be submitted to, and approved by the Division. <br /> <br />H. Prime Farmland & Alluvial Valley Floors. The Division has made a negative determination <br />for the presence of prime farmland within the Colowyo permit area, including the Collom area. <br />The Decision was based on a letter from the Natural Resource Conservation Service (NRCS). In <br />this letter (dated March 23, 2011) a conservationist in the Craig Field Office makes the <br />determination that no mapping units within the permit area, including the Collom permit <br />expansion area, meet the definition of prime farmland. <br /> <br />Based on information provided in the Permit, the Division has determined that alluvial valley