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5. The Division finds that, subject to valid, existing rights as of August 3, 1977, the mining <br />operation will not adversely affect any publicly owned 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. Specifically, fragile and historic lands have not been identified in the <br />current mining azea. The mining and reclamation operations will not result in significant <br />damage to important historic, cultural or scientific resources in the permit area based on the <br />surveys and information contained in the permit application package, and information provided <br />by the State Historic Preservation Officer. <br />6. Beaz Coal Company has obtained the right to enter all parts of the permit area from the <br />appropriate parties. <br />Surface ownership has been partially severed from the coat ownership at the Beaz Mine. The <br />Beaz No. 3 Mine was an underground operation and, because there was no concurrent surface <br />mining conducted, was not required to obtain the documentation required under 2,03.6(2). <br />Coal within the permit is federally and privately owned. Federal coal leases C-0117192, <br />COC57632, COC57633, D-052501 and D-044569 lie within the Beaz permit boundary. Beaz <br />Coal contracted with Atlantic Richfield Company to remove coal from parts of leases <br />C-0117192 and D-044569 and an ARCO fee coal azea in the SE/4 SE/4 of Section 18. Beaz <br />Coal contracted with Anchor Coal Company to remove coal from federal lease D-052501. <br />7. On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that Bear Coal Company does not <br />own or control any operations which aze 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 Mining <br />Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(I)). <br />8. Bear Coal Company does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with such <br />resulting irreparable damage to 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 be performed under <br />this permit will not be inconsistent with other such operations anticipated to be performed in <br />areas adjacent to the permit area (2.07.6(2)(I)). <br />10. The Division currently holds a total bond amount of $160,000.00 for the Bear No 3 Mine. The <br />bond is in the form of two certificates of deposit. The first CD is for $100,000.00 from Wells <br />Fargo Bank West N.A. The second CD is for $60,000.00 from the First National Bank of <br />Paonia. <br />The reclamation cost estimate has been reviewed pursuant to Rule 3.02.2(4) to determine <br />whether the above total bond amount held by the Division reflects the Division's estimate of <br />15 <br />