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not result in significant damage to important historic, cultural or scientific resources in <br />the permit area based on the surveys and information contained in the permit <br />application package, and information provided by the State Historic Preservation <br />Officer. <br />6. Bear Coal Company has obtained the right to enter all parts of the permit area from <br />the appropriate parties, including Atlantic Richfield Company (ARCO), Anchor Coal <br />Company, Somerset Coal Company, and Larry and Elaine Mautz. <br />Surface ownership has been partially severed from the coal ownership at the Bear <br />Mine. The Bear Mine is an underground operation and is not required to obtain the <br />documentation required under 2.03.6(2). <br />Coal within the permit is federally and privately owned. Federal coal leases <br />C-01 17192, D-052501 and D-044569 lie within the Bear permit boundary. Bear Coal <br />has contracted with Atlantic Richfield Company to remove coal from parts of leases <br />C-0117192 and D-044569 and an ARCO fee coal area in the SE/4 SE/4 of <br />Section 18. The contract between Bear Coal and ARCO to remove coal from lease <br />D-044569 has been terminated. Bear Coal has contracted with Anchor Coal <br />Company to remove coal from federal lease D-052501. During the current five-year <br />permit term, Bear Coal will remove coal from leases C-01 17192 and D-052501 and <br />from the ARCO fee coal area. <br />• 7. On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-114(3) compliance review required <br />by the Colorado Surface Coal Mining Reclamation Act, the Division finds that Bear <br />Coal Company does not own or control any operations which are currently in violation <br />of any law, rule, or regulation of the United States, or any State law, rule, 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)(gllil)• <br />8. Bear Coal Company does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and <br />with such resulting irreparable damage to the environment as to indicate an intent not <br />to comply with the provisions of the Act (2.07.6(21(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 areas adjacent to the permit area (2.07.6(2)(1-). <br />10. The Division currently holds a total bond amount of S155,000.00 for the Bear Mine <br />Nos. 1 , 2, and 3. The bond is in the form of a U.S. Treasury Note Receipt <br />No. 636751 /CUSIP #91282L75 from the Norwest Bank Minnesota N.A. <br />1 1 . The Division has made a negative determination for the presence of prime farmland <br />within the permit area (2.07.6(2)(k)). Refer to Section 6, XVIII, of this document for <br />• more detail. <br />14 <br />