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regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2>(g)(i)). <br />8. Colowyo Coal Company does not control and has not controlled mining <br />operations with a demonstrated pattern of wil]fur violations of the Act <br />of such nature, duration, and with such resulting irreparable damage to <br />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 <br />be performed under this permit will not be inconsistent with other such <br />operations anticipated to be performed in areas adjacent to the permit <br />area (2.07.6(2)(1)). <br />10. The Division has examined a preliminary bond in the form of a corporate <br />surety in the amount 517,529,952.00. This bond has received initial <br />approval. The actual bond must be submitted within 5 days after the <br />public comment period ends. Final approval of the bond shall be required <br />before the permit will be issued. <br />Detailed reclamation cost estimates and liability information can be <br />found in Volume 4, Exhibit 13 of the permit application. <br />A review of Division files indicates that the Division currently holds a <br />surety bond (No. 465203808CA) in the amount of $8,747,405.00. An <br />additional $8,800.00 bond (No. 564F506-A) is held for liabilities <br />associated with exploration within the permit boundary. At the time of <br />issuance of the first permanent regulatory program permit, the <br />reclamation ]lability of the Colowyo mine was estimated at <br />$4,311,643.00. At the midterm review of that permit term, the <br />reclamation costs estimate was elevated to 55,131,227.00. On <br />November 2, 1987, the Division approved Phase I and Phase II bond release <br />for reclaimed pit areas and the Streeter Fill area, respectively. A <br />total of 8857,342.00 was released. At that time, the Division determined <br />that $221,363.00 would be retained under TR 14 for ongoing liability of <br />those areas. In 1989, the Section 11 mining area was incorporated, <br />setting the required performance bond at $8,128,597.00. Subsequent <br />technical revisions have increased liability to $8,328,224.00. <br />Estimated reclamation costs for planned disturbance during the 1992-1997 <br />permit term are $13,412,702.00. Of that total, $4,117,250.00 is <br />attributed to reclamation requirements 1n the West Pit mining area. <br />Additional liability for Phase I and Phase II released areas is <br />$221,363.00. The total liability for the 1992-1997 permit term is <br />$17,751,315.00. The operator proposes to submit the performance bond for <br />this permit term incrementally to accordance with disturbance. The <br />Division will require a performance bond for all mining areas, excluding <br />the West Pit, prior to final approval of the permit revision and second <br />permit renewal application. Therefore, this decision will not become <br />final until the Division has received and approved an additional <br />$4,886,660.00 performance bond from Colowyo Coal Company. Prior to any <br />disturbance in the West Pit mining area, Colowyo Coal Company must post <br />an additional $4,117,250.00 performance bond with the Division. <br />-13- <br />