2004-10-20_GENERAL DOCUMENTS - C1981018

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finding that the operation would not affect cultural resources, and noted that, if archaeological resources are discovered during project activities, "work must be interrupted until the resources have been evaluated in terms of the National Register of Historic Places eligibility criteria..." The approved permit application contains a written commitment addressing the requirement to evaluate previously unidentified cultural and historic resources prior to disturbance, and this requirement is further addressed by permit Stipulation No. 50. 6. For this underground mining operation, private mineral estate has not been severed from private surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not required (2.07.6(2)(t)). 7. On the basis of evidence submitted by the permittee and received from other state and federal agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal Mining Reclamation Act; the Division finds that, based on information received from the Office of Surface Mining Applicant Violator System; operations owned or controlled by Blue Mountain Energy, Inc., or BME's parent company, Deseret Generation and Transmission Cooperative, aze not currently in violation of any law, rule, or regulation of the United States, or any State law, or regulation or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i). On 20 October 2004, the Division queried the Applicant Violator System (AVS). The system recommendation was "issue." The operator, Blue Mountain Energy, Inc., is current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R (2.07.6(2)(0)). 8. Blue Mountain Energy, Incorporated, does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting in•epazable damage to the environment as to indicate an intent not to comply with the provisions of the Act (2.07.6(2)(h)). 9. The Division fords that surface coal wining and reclamation operations to be performed under this permit will not be inconsistent with other such operations anticipated to be performed in azeas adjacent to the permit azea (2.07.6(2)(1)). 10. At the time of issuance of this proposed decision for RN-04, the Division holds a reclamation performance bond for the Deserado Mine in the amount of $5,100,000.00, in the form of Corporate Surety Bond issued by Travelers Casualty and Surety Company. During the RN-04 review, the Division examined the bond document and updated the estimated cost of reclamation for the worst-case disturbance that will occur during the 2004-2009 permit term. The amended reclamation cost estimated by the Division is $4,851,686.00. This amount represents the Division's estimate of the cost of reclamation. It does not reflect any bond release for reclamation work completed by the operator (2.07.6(2)(k)). The cost estimate with supporting documentation is set forth in . - ---- the Division's "Permit Revision 04 Cost Update" for the Deserado Mine, dated 10 - - - 24