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Office, stated their finding that the operation would not affect cultural resources, and <br /> noted that, if archaeological resources are discovered during project activities, "work <br /> must be interrupted until the resources have been evaluated in terms of the National <br /> Register of Historic Places eligibility criteria..." The approved permit application <br /> contains a written commitment addressing the requirement to evaluate previously <br /> unidentified cultural and historic resources prior to disturbance, and this requirement is <br /> further addressed by permit Stipulation No. 50. <br /> 6. For this underground mining operation, private mineral estate has not been severed <br /> from private surface estate; therefore, the documentation specified by Rule 2.03.6(2) is <br /> not required (2.07.6(2)(f)). <br /> 7. On the basis of evidence submitted by the permittee and received from other state and <br /> federal agencies as a result of the Section 34-33-114(3) compliance review required by <br /> the Colorado Surface Coal Mining Reclamation Act; the Division finds that, based on <br /> information received from the Office of Surface Mining Applicant Violator System; <br /> operations owned or controlled by Blue Mountain Energy, Inc., or BME's parent <br /> company, Deseret Generation and Transmission Cooperative, are not currently in <br /> violation of any law, rule, or regulation of the United States, or any State law, 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). <br /> On February 25, 2000, the Division queried the Applicant Violator System (AVS). <br /> The system recommendation was "issue." This recommendation was verified by <br /> AVS/OSM on February 28, 2000. Prior to issuing a decision to the renewal <br /> application, AVS was queried on April 5, 2000, and the system recommendation was <br /> "issue." The operator, Blue Mountain Energy, Inc., is current in the payment of <br /> reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(o)). <br /> 8. Blue Mountain Energy, 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 finds that surface coal mining and reclamation operations to be performed <br /> under this permit will not be inconsistent with other such operat cipated to be <br /> performed in areas adjacent to the permit area (2.07.6(2)(i)). <br /> 10. At the time of issuance of this proposed decision for RN-03, the Division holds a <br /> reclamation performance bond for the Deserado Mine in the amount of$7,125,000.00, <br /> in the form of Corporate Surety Bond 16-67-64, issued by National Union Fire <br /> Insurance Company of Pittsburgh, PA. During the RN-03 review, the Division <br /> examined the bond document and updated the estimated cost of reclamation for the <br /> worst-case disturbance that will occur during the 1999-2004 permit term. The amended <br /> reclamation cost estimated by the Division is $5,052,786.00. This amount represents <br /> the Division's estimate of the cost of reclamation. It does not reflect any bond release <br /> 16 <br />