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Concerning Permit Revision No. 6, several occupied buildings were within 300 <br />feet of the proposed operations. [n several cases, BRL purchased the properties <br />and demolished the buildings. In another case, BRL built a replacement home for <br />one citizen whose original home was within 300 feet of the disturbance. BRL, <br />then, received aright-of-entry agreement with the same landowner for access onto <br />the property. BRL also received aright-of-entry agreement with another citizen <br />for property access. The deeds of purchase and right-of-entry agreements are <br />located in Exhibit 1 of Volume Ill of the permit application. <br />The Division finds that all necessary notices and approvals have been received, in order <br />to allow the permittee to adversely affect a public pazk 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 aze 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 aze 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 />On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of [he 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 aze 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 pazent corporations <br />of Bowie Resources Limited that have not been completely resolved but that aze under <br />the terms of settlement agreements. The most recent Applicant Violator System (AVS) <br />check occurred on January 11, 2002, and the Division's AVS recommendation was <br />"Conditional Issue." The violations associated with the "conditional issue" decision for <br />PR-O6 are listed in Stipulation number 12. <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 Ac[ (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 [o the permit area (2.07.6(2)(1)). <br />22 <br />