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Status of Stipulations <br /> The stipulation history for the Bowie No. 2 Mine was reviewed with this renewal <br /> application. Stipulation No. 1 through Stipulation No. 37 have been complied with or terminated. <br /> Stipulation No.38 through Stipulation No.44 were part of the conditions to approve Permit Revision No. <br /> 14,related to surface disturbance of lands within the Spruce Stomp Lease Area(COC-75916). They <br /> include requirements for baseline vegetation information,baseline soils resource information, cultural and <br /> historic information,plans related to water rights,rehabilitation or replacement of groundwater <br /> monitoring points, groundwater points of compliance,and management of mining refuse. Most of these <br /> stipulations are categorized as Future/Ongoing. The Spruce Stomp Lease Area has not been affected by <br /> mining activities due to BRL not obtaining the right of entry for the area. The exception, Stipulation No. <br /> 42,required that BRL rehabilitate or replace two groundwater monitoring points. The stipulation was <br /> complied with when MR-172 was approved on January 27,2015. <br /> Stipulation No.45 stated that the Division would allow the construction of the portion of the Section 5 <br /> Road proposed under MR-165 within the Spruce Stomp Lease Area as a one-time exception to the <br /> existing Stipulation No. 38. BRL submitted baseline vegetation information, and the stipulation was <br /> complied with when TR-101 was approved on June 8,2015. <br /> Enforcement Actions <br /> No enforcement actions were issued since the last midterm review of the Bowie No. 2 Mine <br /> permit application package (PAP). The PAP includes 11 volumes of detailed information <br /> regarding the Bowie No.2 Mine and BRL. <br /> Proposed Decision <br /> The Colorado Division of Reclamation,Mining and Safety proposes to approve with conditions(see <br /> stipulations above)the application for a permit renewal to continue coal mining operations for another <br /> five-year term. This decision is based on a finding that the operations will comply with all requirements <br /> of the Colorado State Program, as found in the Colorado Surface Mining Reclamation Act,C.R.S. <br /> 34-33-101 et. seq.,and the Regulations promulgated pursuant to the Act. If no request for a formal <br /> hearing is made within 30 days of the first publication of the issuance of this proposed decision,then this <br /> decision becomes final. <br /> The Division is in possession of a reclamation bond in the form of corporate sureties whose combined <br /> value is$10,971,057.58. BRL does not currently have enough performance bond to cover the <br /> reclamation liability at the Bowie No.2 Mine. The Division,with input from BRL and their consultant <br /> (Tamme Bishop of Stover and Associates),updated the cost estimate for this renewal,and the new <br /> required surety is$11,448,977. <br /> 3 <br />