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Proposed Decision <br />The Colorado Division of Reclamation, Mining and Safety proposes to approve with conditions, <br />Bowie Resources, LLC's (BRL) application for renewal of the Bowie No. 1 Mine permit. The <br />application was submitted by BRL on November 7, 2017. This decision is based on a finding that <br />the operations will comply with all requirements of the Colorado State Program as found in the <br />Colorado Surface Coal Mining Reclamation Act, C.RS. 34-33-101 et seq., and the Regulations <br />promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) days <br />of the first publication of the issuance of this proposed decision, then this decision becomes final. <br />Upon verification of acceptable surety by the applicant, the permit will be issued. The permit <br />application, all supporting documentation andany stipulations or conditionswill become a binding <br />part of the permit. <br />Review Process <br />BRL submitted an application for renewal of a valid, exist ing permit on November 7, 2017. The <br />application was deemed complete on November 13, 2017, and notification of the complete <br />application was sent to required entities (per Rule 2.07.3(3)(b)� A public notice of the application <br />was published in the Delta County Independent once awuek for four consecutive weeksbeginning <br />November 22, 2017. There were several comments regarding this permit renewal received by the <br />Division as a result of the published public notice. A request for an Informal Conference vias <br />requested by concernedcitizens. T he Informal Conference vias held on February 1, 2018. The <br />Division did receive commentson the application from two government agencies as a result of the <br />notifications provided under Rule 2.07.3(3)(b). T hecommentsfrom these agenciesdid notcontain <br />any c oncems about th e renewal application. <br />The Division identified adequacy concerns with the reneAal application, sent in three lettersto <br />BRL on; January 19, 2018, March 6, 2018 and March 19, 2018. BRL responded to all three of the <br />adequacy letters, the final response letter was received on March 19, 2018. BRL's responses to <br />the adequacy questions mere in the form ofrevisrd text pages and maps <br />The Division queried the Applicant Violator System (AVS) on January 16, 2018; the system <br />reported that BRL had outstanding violations in other states, but none were in Colorado. <br />The site -wide reclamation cost estimate for bond liability has not been revised as a result of this <br />renewal application. The reclamation cost estimate prepared for the Partial Phase I and Phase II <br />Bond Release SL -6 was a site -wide estimate and was issued on March 27, 2018. The current <br />liability for the Bowie No. 1 Mine is $2,779,202.33; the Division holds corporate suretiestotaling <br />$3,315,000.00. During the adequacy process for thi srenewal, it came to the Division's attention <br />that Task 202 of the Reclamation Cost Estimate (RCE) needed to be adjusted. The Division <br />recalculate dTask 202 to be $355,348.07. The cost for Task202 inthe SL -6 RCE was $357,314.50. <br />The reduction in cost for Task 202 was largely caused by the reduction in size ofthetruck dump <br />superstructure footing. The original quantityused to calculate the cost ofthisitemwas 4,800 linear <br />feet. The correct size ofthe footingsis only 170 linear feet. Additional items associatedwith the <br />removal of the metering point in Stevens Culch and thepowerline was added to Task 202. The <br />items added to Task 202 increase dthe cost by$ 7,871.48. The cost for removing the 60 inch culvert <br />2 <br />