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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 not <br />own or control any operations which are currently in violation of any law, rule, or regulation of <br />the United States, or any State law, rule or regulation, or any provision of the Surface Mining <br />Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i)). However, the information supplied by Bowie Resources LLC does show that <br />there have been violations from other companies within the corporate network of the parent <br />corporations of Bowie Resources Limited that have not been completely resolved but that are <br />under the terms of settlement agreements. The most recent Applicant Violator System (AVS) <br />check occurred on November 13, 2017 and the Division's AVS recommendation was "Issue". <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 the <br />provisions of the Act (2.07.6(2)(h)). <br />9. 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 (2.07.6(2)(i)). <br />10. The reclamation cost liability associated with Permit Renewal No. 4, being approved concurrently <br />with Permit Renewal No. 4 is $10,101,416.95. This liability amount is a decrease of $869,640.63 <br />from the current held amount of $10,971,057.58, and reflects the Division's projection of <br />reclamation costs for worst-case disturbance that will occur during the permit term. Currently, the <br />State of Colorado holds corporate surety and cash bonds forthe Bowie No. 2 Mine in the amount <br />of $10,971,057.58. <br />11. The Division has made a negative determination for the presence of prime farmland within the <br />disturbed area. Soil types indicative of prime farmland do occur in the permit area; however, these <br />soil types either will not be disturbed by the Bowie No. 2 Mine or occur on slopes greater than 6 <br />percent and, therefore, are not considered prime farmland, according to Rule 2.04.12(2)(b) . The <br />decision was based on information presented in Section 2.04.12 of the Bowie No. 2 Mine permit <br />application and upon a letter dated June 6, 1996 from the Natural Resource Conservation Service <br />(Volume III, Exhibit 14, Bowie No. 2 Mine permit application document) that demonstrates that <br />no prime farmland mapping units are found within the permit area (2.07.6(2)(k)). <br />12. Based on information provided the application, the Division has determined that an alluvial valley <br />floor exists within the adjacent area. The alluvial valley floor exists outside the permit area, is <br />along the North Fork of the Gunnison River and will not be affected by the Bowie No. 2 Mine <br />(2.07.6(2) and 2.06.8(3)(C)). <br />For additional specific findings concerning this alluvial valley floor, refer to Section B, XVII. <br />13. The Division hereby approves the post -mining land use of the operation. It was determined that <br />the proposed post -mining land use of rangeland and wildlife habitat, pastureland, cropland and <br />industrial meets the requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). <br />14. Specific approvals have been granted or are proposed. These approvals are addressed in the <br />following section, Section B (2.07.6(2)(m)). <br />24 <br />