Laserfiche WebLink
6. For this mining operation,private mineral estate has not been severed from private surface estate; <br /> therefore,the documentation specified by Rule 2.03.6(2)is not required (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 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)(1)). The most recent Applicant Violator System(AVS)check occurred on January <br /> 11,2023 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)(1)). <br /> 10. The reclamation cost liability associated with the Bowie No. 2 Mine is $11,448,977. This <br /> reflects the Division's projection of reclamation costs for worst-case disturbance that will <br /> occur during the permit term. Currently, the State of Colorado holds corporate surety and <br /> cash bonds for the Bowie No. 2 Mine in the amount of$10,971,057.58. BRL needs to <br /> submit an additional performance bond prior to issuance of a renewed permit <br /> (2.07.6(2)6)). <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, <br /> these soil types either will not be disturbed by the Bowie No. 2 Mine or occur on slopes greater <br /> than 6 percent and,therefore,are not considered prime farmland,according to Rule 2.04.12(2)(b). <br /> The decision was based on information presented in Section 2.04.12 of the Bowie No. 2 Mine <br /> PAP and upon a letter dated June 6, 1996 from the Natural Resource Conservation Service <br /> (Volume III, Exhibit 14 of the PAP)that demonstrates that no prime farmland mapping units are <br /> found within the permit area(2.07.6(2)(k)). <br /> 12. Based on information provided in the application, the Division has determined that an alluvial <br /> valley floor exists within the adjacent area. The alluvial valley floor exists outside the permit area, <br /> is 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 of <br /> this report. <br /> 13. The Division hereby approves the post-mining land use of the operation. It was determined that <br /> the proposed post-mining land uses of rangeland,wildlife habitat,pastureland,cropland, and <br /> industrial meet the requirements of Rule 4.16 for the permit area(2.07.6(2)(1)). <br /> 15 <br />