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i <br />1. DMG's Proposed Decision and Stipulation for Permit Revision No. 2. <br />Stipulation No. 7 <br />Approval of Permit Revision No. 2 for the Bowie No. 2 Mine is conditioned upon <br />the resolution of the following: <br />1) Kentucky citation no. C98-081-414-001, associated with Star Fire Mining <br />Company; <br />2) Kentucky forfeiture, cessation orders nos. 050265 and 050320 and civil <br />penalties nos. 052522, 052908 and 053099 for permit no. 8980140, <br />associated with Catawaba Industries; <br />3) West Virginia cessation order no. 031-C for permit no. S012782, associated <br />with Cannelton Industries Inc. <br />Proof of resolution should be submitted to the Colorado Division of Minerals & <br />Geology as soon as it becomes available. <br />2. The Regulations: Rule 2.07.6(1)(b) <br />(b) Based on available information concerning Federal and State <br />failure-to-abate cessation orders, unabated Federal and State imminent <br />harm cessation orders, ......., the Division shall not issue the permit if any <br />surface coal mining and reclamation operation owned or controlled by <br />either the applicant or by any person who owns or controls the applicant is <br />currently in violation of the Act or any other law, rule or regulation referred <br />to in this paragraph. In the absence of a failure-to-abate cessation <br />order, the regulatory authority may presume that a notice of violation <br />issued pursuant to 5.03.2(2) or under a Federal or State program has <br />been or is being corrected to the satisfaction of the agency with <br />jurisdiction over the violation, except where evidence to the contrary <br />is set forth in the permit application, or where the notice of violation is <br />issued for nonpayment of abandoned mine reclamation fees or civil <br />penalties. If a current violation exists, the Division shall require the <br />applicant or person who owns or controls the applicant, to either: <br />(i) Submit proof to the Division which is satisfactory to the <br />regulatory authority, department or agency which has <br />jurisdiction over such violation that the violation: <br />(A) Has been corrected, or <br />(B) Is in the process of being corrected; or <br />