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• Historic Preservation Office. Specifically, fragile and historic lands have not been <br />identified in the current mining area. The mining and reclamation operations will not <br />insult in significant damage to important historic, cultural or scientific resources in the <br />permit area based on the surveys and information contained in the permit application <br />package, and information provided by the State Historic Preservation Officer. <br />6. Bear Coal Company has obtained the right to enter all parts of the permit area from the <br />appropriate parties, including Atlantic Richfield Company (ARCO), Anchor Coal <br />Company, Somerset Coal Company, and Larry and Elaine Mautz. <br />Surface ownership has been partially severed from the coal ownership at the Bear Mine. <br />The Bear Mine is an underground operation and is not required to obtain the <br />documentation required under 2.03.6(2). <br />Coal within the permit is federally and privately owned. Federal coal leases <br />C-0117192, D-052501 and D-044569 lie within the Bear permit boundary. Bear Coal <br />has contracted with Atlantic Richfield Company to remove coal from parts of leases <br />C-0117192 and D-044569 and an ARCO fee coal area in the SE/4 SE/4 of Section 18. <br />Bear Coal has contracted with Anchor Coal Company to remove coal from federal lease <br />D-052501. During the current five-year permit tens, Bear Coal will remove coal from <br />leases C-0117192 and D-052501 and from the ARCO fee coal area. In addition, for <br />Permit Revision No. 2, two new federal leases have been assigned out of current <br />• Federal leases C-0117192 and C-044569. These have been assigned new numbers <br />COC57633 and COC57632 respectively. The revision will allow removal of coal in <br />Sections 16 and 20 via these new leases with ARCO. <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 3433-114(3) compliance review required by <br />the Colorado Surface Coal Mining Reclamation Act, the Division finds that Bear Coal <br />Company does not own or control any operations which are currently in violation of any <br />law, rule, or regulation of the United States, or any State law, rule, or regulation, or <br />any provision of the Surface Mining Control and Reclamation Act or the Colorado <br />Surface Coal Mining Reclamation Act (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 <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 auras adjacent to the permit area (2.07.6(2)(1)). <br />10. The Division currently holds a total bond amount of $155,000.00 for the Bear Mine <br />• Nos. 1, 2, and 3. The bond is in the form of a U.S. Treasury Note Receipt <br />No. 636751/CUS1P N91282L75 from the Norwest Bank Minnesota N.A. <br />15 <br />