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GENERAL46608
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Last modified
8/24/2016 8:20:46 PM
Creation date
11/23/2007 2:47:32 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1996083
IBM Index Class Name
General Documents
Doc Date
9/26/2001
Doc Name
PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR PR5
From
Add 560 Acreas
Permit Index Doc Type
FINDINGS
Media Type
D
Archive
No
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information supplied by Bowie Resources Limited does show [ha[ there have been <br />violations from other companies within the corporate network of the parent corporations <br />of Bowie Resources Limited that have not been completely resolved but that are under <br />the terms of settlement agreements. The most recent Applicant Violator System (AVS) <br />check occurred on September 25, 2001, and the AVS recommendation was "Conditional <br />Issue." The violations associated with the "conditional issue" decision for PR-OS were <br />consolidated with previous violations listed under Stipulations numbers 7 and 8. The new <br />stipulation is Stipulation number 12. Stipulations numbers 7 and 8 were terminated. <br />8. Bowie Resources, Limited does no[ control and has not controlled mining operations with <br />a demonstrated pattern of willful violations of the Act of such nature, duration, and with <br />such resulting irreparable 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 performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area (2.07.6(2)(1)). <br />10. The reclamation bond liability has been estimated to be $5,183,670.00. The bond amount <br />referenced above reflects the Division's projection of reclamation costs for worst-case <br />disturbance which will occur during the proposed permit term. The Division is in <br />possession of a reclamation bond in the form of a letter of credit for $5,000,000.00 and a <br />corporate surety in the amount of $225.000.00. <br />11. The Division has made a negative determination for the presence of prime farmland <br />within the disturbed area. Soil types indicative of prime farmland do occur in the permit <br />area; however, these soil types will not be disturbed by the Bowie No. 2 Mine. The <br />decision was based on information presented in Section 2.04. l2 of the Bowie No. 2 Mine <br />permit application and upon a letter dated June 6, 1996 from the Natural Resource <br />Conservation Service (Volume III, Exhibit 14, Bowie No. 2 Mine permit application <br />document) that demonstrates that no prime farmland mapping units are found within the <br />permit area (2.07.6(2)(k)). <br />12. Based on information provided the application, the Division has determined that an <br />alluvial valley floor exists within the adjacent area. The alluvial valley floor exists <br />outside the permit area, is along the North Fork of the Gunnison River and will not be <br />affected by the Bowie No. 2 Mine (2.07.6(2) and 2.06.8(3)(C)). <br />For additional specific findings concerning this alluvial valley floor, refer to Section B, <br />XVII. <br />13. The Division hereby approves the post-mining land use of the operation. It was <br />determined that the proposed post-mining land use of rangeland, wildlife habitat and <br />industrial meets the requirements of Rule 4.16 for the permit area (2.07.6(2)(1)). <br />20 <br />
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