Laserfiche WebLink
5. The Division finds that all necessary notices and approvals have been received, in order <br />to allow the permittee to adversely affect a public park or place listed on or eligible for <br />listing in the National Register of Historic Places as determined by the State Historic <br />Preservation Office. The places which may be affected are structures in and around the <br />old Bowie townsite. Approval to affect the structures has been received from the Division <br />and the State Historic Preservation Officer. Specific surveys, inventories and approval <br />letters are contained in Volume VI of the Bowie No. 2 Mine permit application <br />document. <br />6. For this 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 <br />the Colorado Surface Coal Mining Reclamation Act, the Division finds that Bowie <br />Resources, Limited does not own or control any operations which are currently in <br />violation of any law, rule, or regulation of the United States, or any State law, rule or <br />regulation, or any provision of the Surface Mining Control and Reclamation Act or the <br />Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). However, the <br />information supplied by Bowie Resources Limited does show that there have been <br />violations from other companies within the corporate network of the parent corporations <br />of Bowie Resources Limited that have not been completely resolved. The most recent <br />Applicant Violator System (AVS) check occurred on September 8, 1999, and the AVS <br />recommendation was "Conditional Issue." Therefore, Stipulation No. 5~is attached to this <br />findings document. ~ <br />8. Bowie Resources, Limited does not control and has not controlled mining operations with <br />a demonstrated pattern of willful violations of the Act of such nature, duration, and with <br />such resulting irreparable damage to the environment as to indicate an intent not to <br />comply with the provisions of the 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)(1)). <br />l0. The reclamation bond liability has been estimated to be $3,540,021. The bond amount <br />referenced above reflects the Division's projection of reclamation costs for worst-case <br />disturbance which will occur during the proposed permit term. The Division is in <br />possession of a properly executed reclamation bond in the form of a corporate surety in <br />the amount of $4,200,000.00. <br />11. The Division has made a negative determination for the presence of prime farmland <br />within the disturbed area. Soil types indicative of prime farmland do occur in the permit <br />area; however, these soil types will not be disturbed by the Bowie No. 2 Mine. The <br />decision was based on information presented in Section 2.04.12 of the Bowie No. 2 Mine <br />IS <br />