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n February 28, 1994, the Division queried the Applicant Violator System (AVS). <br />The system recommendation was "issue." This recommendation was verified by <br />AVS/OSM on Maroh 1, 1994. Prior to issuing a decision to the renewal application, <br />AVS was queried on July 20, 1994 and the system recommendation was "issue." The <br />operator, Western Fuels-Utah, is current in the payment of reclamation fees required <br />by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). <br />On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-114(3) compliance review required <br />by the Colorado Surface Coal Mining Reclamation Act, the Division fmds that <br />Western Fuels-Utah, Incorporated does not own or control any operations which are <br />currently in violation of any law, rule, or regulation of the United States, or any State <br />law, rule, or regulation, or any provision of the Surface Mining Contra] and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i)). <br />8. Western Fuels-Utah, Incorporated does not control and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparable damage to the environment as to indicate <br />an intent not to comply with the provisions of the Act (2.07.6(2)(h)). <br />9. The Division fmds that surface coal mining and reclamation operations to be <br />performed under this permit will not be inconsistent with other such operations <br />anticipated to be performed in areas adjacent to the permit area (2.07.6(2)(1)). <br />10. Prior to approval of Technical Revision No. 34, which was submitted in conjunction <br />with the application for permit renewal, the Division held a reclamation performance <br />bond for the Deserado Mine in the amount of $5,813,066. The individual bonds were <br />as follows: <br />Issuer Bond No. Type of Bond Amount <br />First National Bank 438974 Treasury Bill $2,900,000.00 <br />1st National Bank, N.A. 781335 Treasury Note $2,400,000.00 <br />Rio Blanco State Bank 2664 Certificate of Deposit $7,646.00 <br />Rio Blanco State Bank 2663 Certificate of Deposit $1,184.00 <br />Rio Blanco State Bank 2812 Certificate of Deposit $13,222.00 <br />Rio Blanco State Bank 2940 Certificate of Deposit $1,000.00 <br />Rio Blanco State Bank 2705 Certificate of Deposit $25,000.00 <br />Rio Blanco State Bank 2989 Certificate of Deposit $22,489.00 <br />Rio Blanco State Bank 3198 Certificate of Deposit $20,000.00 <br />Zions First Nat'I Bank 03CL12 Treasury Note $115,000.00 <br />Nat'l Union Fire Ins. Co. 13-61-25 Corporate Surety $307,525.00 <br />These bonds are renewable through the 1994 to 1999 permit term. The above <br />performance bond amount was less than the Division's revised projection of costs for <br />the maximum reclamation requirements which would occur during the proposed <br />