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This document contains the findings and decision pertaining to a Request for Transfer of Coal <br /> Permit and Succession of Operators (succession). The succession application was received by the <br /> Division of Minerals and Geology (DMG) on December 8, 1994. The succession application <br /> proposes a transfer of DMG Permit No. C-81-038 from the current permittee and operator, <br /> which is Cyprus Orchard Valley Corporation (Cyprus), to a new permittee and operator, which is <br /> Bowie Resources Limited (Bowie). The mine name will also change from the "Orchard Valley <br /> Mine" to the "Bowie Mine No. 1." The application was submitted and reviewed pursuant to the <br /> procedures of Rule 2.09.6 of the Regulations of the Colorado Mined Land Reclamation Board for <br /> Coal Mining. The DMG hereby conditionally approves the succession request. <br /> Process <br /> On December 8, 1994, the above-referenced succession application was received at the offices of <br /> the DMG. This initial application was a properly executed Request for Transfer of Coal Permit <br /> and Succession of Operators form, as required by Rule 2.08.6(2)(b). The DMG sent an initial <br /> adequacy letter to Bowie's representatives on December 20, 1994. On December 27, 1994, a <br /> proposed newspaper publication was received by the DMG, and additional application materials <br /> were received by the DMG on December 30, 1994. The newspaper notice required by <br /> Rule 2.08.6(3) was published in the Delta County Independent on January 4, 1995. The <br /> Affidavit of Publication was received by DMG on January 10, 1995. Proper evidence of liability <br /> insurance was received by the DMG on January 13, 1995, and a properly executed reclamation <br /> bond was received on January 17, 1995. Additional application materials were received on <br /> January 23, 1995 and January 25, 1995. The decision to conditionally approve the succession <br /> application was issued on January 25, 1995. <br /> Findings <br /> 1. The DMG hereby finds that a properly executed Request for Transfer of Coal Permit and <br /> Succession of Operators application form has been submitted to the DMG, and this form <br /> requests that the DMG Permit No. C-81-038 be transferred from Cyprus Orchard Valley <br /> Coal Corporation to Bowie Resources Limited (2.08.6(2)(b)). <br /> 2. finds that a properly executed Surface Coal Mining and Reclamation <br /> Operations Reclamation Bond, in the form of Corporate Surety No. 765100876388BCA, <br /> for the amount of $4,250,000.00 (four million, two hundred fifty thousand dollars), has <br /> been submitted by Bowie Resources Limited for Permit No. C-81-038, and the bond has <br /> been accepted by DMG (2.08.6(2)(a) and 2.08.6(4)(b)). <br /> 3. The DMG hereby finds that the Identification of Interests information required by <br /> Rule 2.03.4 has been properly submitted, reviewed and deemed adequate <br /> (2.08.6(2)(b)(iii). <br /> 4. The DMG hereby finds that the Compliance Information required by Rule 2.03.5 has been <br /> properly submitted, reviewed and deemed adequate (2.08.6(2)(b)(di)). <br />