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required as the permittee is not proposing to mine coal within the permit azea <br />(2.07.6(2)0). <br />On the basis of evidence submitted by the applicant and received from other <br />state and federal agencies as a result of the Section 34-33-114(3) compliance <br />review required by the Colorado Surface Coal Mining Reclamation Act, the <br />Division finds that HGTI does not own or control any operations which aze <br />currently in violation of any law, rule, or regulation of the United States, or +uty <br />State law, rule, or regulation, or any provision of the Surface Mining Control <br />and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act.. <br />(2.07.6(2)(g)(i)). <br />The Division's compliance review found that HGTI is linked to an outstanding <br />bond forfeiture and four outstanding violations, all related to Kentucky permit <br />8980140. As a consequence of HGTI's linkage to the bond forfeiture and the <br />violations, the Applicant Violator System recommendation for HGTI's permit is <br />"conditional issue"; therefore, the following stipulation is being added to H(iTI's <br />permit. <br />THE APPLICANT SHALL SUBMIT TO THE DIVISION THE FOLLOWING INFORMATION <br />AS SOON AS IT BECOMES AVAILABLE: PROOF OF RESOLUTION OF BOND <br />FORFEITURE AND VIOLATIONS (050265, 050320, 0$2522, AND 052908) <br />ASSOCIATED WITH KENTUCKY PERMIT 8980140. <br />8. HGTI does not control and has not controlled mining operations with a dem~~nstrated <br />pattern of willful violations of the Act of such nature, duration, and with such <br />resulting irrepazable 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 <br />performed under this permit will not be inconsistent with other such operations <br />anticipated to be performed in azeas adjacent to the permit azea (2.07.6(2)(1)). <br />10. Detailed reclamation cost estimates and liability information can be found in <br />Volume 2, Tab 23 of the permit application and reference is made above in the <br />Reclamation Plan portion of this document. <br />Based upon a review of the applicant's worst-case estimate, the Division has <br />determined the total bond liability for the HG Loadout and Rail Loop for the <br />1998-2003 permit term to be $862,120.00. The Division currently holds bond <br />in that amount from HGTI; therefore, no additional bond amount must be <br />submitted. (2.07.6{2)(j)). <br />16 <br />