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7. On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that Bowie Resources Limited <br />does not own or control any operations which are currently in violation of any law, rule, or <br />regulation of the United States, or any State law, rule, or regulation, or any provision of the <br />Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act (2.07.6(2)(g)(i)). However, the information supplied by Bowie Resources <br />Limited does show that there have been violations from other companies within the <br />corporate network of the parent corporations of Bowie Resources Limited that have not been <br />completely resolved. The most recent Applicant Violator System (AVS) check occurred on <br />December 13, 1999, and the AVS recommendation was "Conditional Issue." Therefore, <br />Stipulation No. 54 is attached to [his findings document. <br />8. Bowie Resources Limited, both the applicant and the operator, does not control and has not <br />controlled mining operations with a demonstrated pattern of willful violations of the Act of <br />such nature, duration, and with such resulting irreparable damage to the environment as to <br />indicate 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 operations anticipated to be <br />performed in azeas adjacent to the permit azea (2.07.6(2)(1)). <br />10. The Division currently holds a total bond amount of $4,250,000.00 in [he form of Aetna <br />Casualty and Surety Company Bond No. As part of the permit renewal <br />process, a revised bond liability calculation was conducted pursuant to the procedures of <br />3.02.2(4). The revised bond liability is $6,401,926.00, an increase of $2,184,429.00 over the <br />currently approved liability amount of $4,217,497.00. Bowie Resources Limited must submit <br />a new bond or a rider to the current bond within 5 days after the public comment period <br />ends. Final approval of the bond shall be required before the permit will be issued. <br />11. The Division has made a negative determination for the presence of prime farmland within <br />the permit area. The decision was based on letters from the Soil Conservation Service that <br />demonstrate that no prime farmland mapping units aze found within [he permit area <br />(2.07.6(2)(k)). <br />12. Based on information provided in the application, the Division has determined that an <br />alluvial valley floor exists within the permit or adjacent area. The alluvial valley floors are <br />known as the North Fork of the Gunnison River alluvial valley f or Creek <br />alluvial valley floor. <br />a) Pursuant to Rule 2.06.8(5)(a)(i), the Division finds that the proposed mining operations <br />would not interrupt, discontinue, or preclude farming on alluvial valley floors <br />(2.06.8(5)). <br />23 <br />