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6. For this surface mining operation, private mineral estate has not been severed from private <br /> surface estate, therefore, the documentation specified by Rule 2.03.6(2) is not required <br /> (2.07.6(2)(f))- <br /> 7. On the basis of evidence submitted by the applicant and received from other state and <br /> federal agencies as a result of the Section 34-33-114(3) compliance review required by the <br /> Colorado Surface Coal Mining Reclamation Act,the Division finds that BRL does not own <br /> 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 <br /> Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation <br /> Act (2.07.6(2)(g)(i)). <br /> 8. BRL does not control and has not controlled mining operations with a demonstrated pattern <br /> of willful violations of the Act of such nature, duration, and with such resulting irreparable <br /> damage to the environment as to indicate an intent not to comply with the provisions of the <br /> Act (2.07.6(2)(h)). <br /> 9. The Division finds that surface coal mining and reclamation operations to be performed <br /> under this permit will not be inconsistent with other such operations anticipated to be <br /> performed in areas adjacent to the permit area (2.07.6(2)(i)). <br /> 10. The Division estimates the reclamation liability for mining operations in this permit term <br /> to be $1,729,667. The Division currently holds a$2,768,916.16 performance bond for the <br /> Bowie No. 1 Mine (2.07.6(2)(j)). <br /> 11. The Division has made a negative determination for the presence of prime farmland within <br /> the permit area. The decision was based on letters from the Natural Resources <br /> Conservation Service that demonstrate that no prime farmland mapping units are found <br /> within the permit area (2.07.6(2)(k)). <br /> 12. Based on information provided in the application, the Division has determined that an <br /> alluvial valley floor exists within the permit or adjacent area. The alluvial valley floors are <br /> known as the North Fork of the Gunnison River alluvial valley floor and the Terror Creek <br /> alluvial valley floor. <br /> a) Pursuant to Rule 2.06.8(5)(a)(i), the Division finds that the proposed mining <br /> operations will not interrupt, discontinue, or preclude farming on alluvial valley <br /> floors (2.06.8(5)). <br /> b) Pursuant to Rule 2.05.8(5)(a)(ii), the Division finds that the proposed surface coal <br /> mining operations will not materially damage the quantity and quality of water in <br /> surface and groundwater systems that supply those alluvial valley floors or portions <br /> of alluvial valley floors. <br /> 18 <br />