GENERAL33452

• Permit No: C1996083
• IBM Index Class Name: General Documents
• Doc Date: 6/22/2007
• Doc Name: Proposed Decision & Findings of Compliance for RN2
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

On the basis of evidence submitted by the applicant and received from other state and federal
agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado
Surface Coal Mining Reclamation Act, the Division finds that Bowie Resources LLC does not
own or control any operations which are currently in violation of any law, rule, or regulation of
the United States, or any State taw, rule or regulation, or any provision of the Surface Mining
Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act
(2.07.6(2xg)(i)). However, the information supplied by Bowie Resources LLC does show that
there have been violations from other companies within the corporate network of the parent
corporations of Bowie Resources Limited that have not been completely resolved but that are
under the terms of settlement agreements. The most recent Applicant Violator System (AVS)
check occurred on June 22, 2007 and the Division's AVS recommendation was "Issue".
8. Bowie Resources LLC does not control and has not controlled mining opemtions with a
demonstrated pattern of willful violations of the Act of such nature, duration, and with such
resulting irreparable damage to the environment as to indicate an intent not to comply with the
provisions of the Act (2.07.6(2xh)).
9. The Division finds that surface coal mining and reclamation operations to be performed under
this permit will not be inconsistent with other such operations anticipated to be performed in
areas adjacent to the permit azea (2.07.6(2)(1)).
10. The reclamation cost estimate associated with Permit Renewal No. 2 is $7,875,709.92, an
increase of about $187,763.00 over the current reclamation cost estimate of $7,687,947.00. This
bond amount reflects the Division's projection of reclamation costs for worst-case disturbance
that will occur during the remaining permit teen. Currently, the State of Colorado holds corporate
surety and cash bonds for the Bowie No. 2 Mine in the amount of $7,906,551.00.
11. The Division has made a negative determination for the presence of prime farmland within the
disturbed area. Soil types indicative of prime farmland do occur in the permit area; however,
these soil types either will not be disturbed by the Bowie No. 2 Mine or occur on slopes greater
than 6 percent and, therefore, are not considered prime farmland, according to Rule 2.04.12(2)(b).
The decision was based on information presented in Section 2.04.12 of the Bowie No. 2 Mine
permit application and upon a letter dated June 6, 1996 from the Natural Resource Conservation
Service (Volume III, Exhibit 14, Bowie No. 2 Mine permit application document) that
demonstrates that no prime farmland mapping units are found within the permit area
(2.07.6(2xk)).
12. Based on information provided the application, the Division has determined that an alluvial valley
floor exists within the adjacent area. The alluvial valley floor exists outside the permit area, is
along the North Fork of the Gunnison River and will not be affected by the Bowie No. 2 Mine
(2.07.6(2} and 2.06.8(3}(C}).
For additional specific findings concerning this alluvial valley floor, refer to Section B, XVII.
13. The Division hereby approves the post-mining land use of the operation. It was determined that
the proposed post-mining land use of rangeland and wildlife habitat, pastureland, cropland and
industrial meets the requirements of Rule 4. l6 for the permit area (2.07.6(2)(1)).
14. Specific approvals have been granted or are proposed. These approvals are addressed in the
following section, Section B (2,07.6(2xm)).
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