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information supplied by Bowie Resources Limited does show that 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 aze under <br />the terms of settlement agreements. The most recent Applicant Violator System (AVS) <br />check occurred on February 27, 2001, and the AVS recommendation was "Conditional <br />Issue." Several of the violations which are the basis of this recommendation are already <br />contained in Stipulation No. 7, which was attached to the decision for Permit Revision <br />No. 2 and which still remains. A new stipulation, Stipulation No. 8, which contains <br />several more violations involving the AVS, has been attached to the proposed decision <br />for Permit Revision No. 4. <br />8. Bowie Resources, Limited does not 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 [o be <br />performed in azeas adjacent to the permit area (2.07.6(2)(1)). <br />10. The reclamation bond liability has been estimated to be $4,946,025.00. 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 [he form of a corporate surety in the amount of <br />$5,000,000.00. The Division has issued a Notice of Violation concerning the bond <br />instrument, for failure to maintain the reclamation bond in compliance with the <br />regulations. The company that issued the bond instrument lost its certificate of authority. <br />BRL must find a replacement bond instrument. At the time of the writing of this findings <br />document, the Notice of Violation abatement deadline for securing the new bond <br />instrument is March 20, 2001. In addition, Permit Revision No. 4 can have a proposed <br />decision and go through the subsequent 30 day public comment period, but it can not be <br />issued until a properly executed reclamation liability bond has been approved by the <br />Division. <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 2.04.12 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 />l2. 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 />21 <br />