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<br />Proposed Decision <br />The Colorado Division of Minerals and Geology proposed to Approve With Three Stipulations <br />an application for a permit revision to revise coal mining operations. <br />The application was submitted by BRL for the mine. This decision is based on a finding that the <br />operations will comply with all requirements of the Colorado State Program, as found in the <br />Colorado Surface Mining Reclamation Act, C.R.S. 34-33-101 et. seq., and the Regulations <br />promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) <br />days of the first publication of the issuance of this proposed decision, then this decision becomes <br />final. The original permit to conduct coal mining operations was issued previously. The Division <br />is in possession of a reclamation bond in the form of a corporate surety, whose value exceeds the <br />amount of the estimated reclamation bond liability. However, the Division has issued a Notice of <br />Violation concerning the bond instrument, for failure to maintain the reclamation bond in <br />compliance with the regulations. The company that issued the bond instrument lost its certificate <br />of authority. BRL must find a replacement bond instrument. At the time of the writing of this <br />findings document, the Notice of Violation abatement deadline for securing the new bond <br />instrument is Mazch 20, 2001. In addition, Permit Revision No. 4 can have a proposed decision <br />and go through the subsequent 30 day public comment period, but it can not be issued until a <br />properly executed reclamation liability bond has been approved by the Division. <br />The permit revision application, all supporting documentation and any stipulations or conditions <br />will become a binding part of the permit. <br />The original permit approval contained Stipulations Nos. 1, 2, 3 and 4. All four of these <br />stipulations were complied with when BRL secured the necessary permits and approvals. <br />Stipulation No. 5 was attached to Minor Revision No. 4 and was complied with when BRL <br />performed the required action. Stipulation No. 6 had been attached to Minor Revision No. 5 and <br />was complied with when BRL submitted the required revised maps and permit application text. <br />Stipulation No. 7 was attached to the decision for Permit Revision No. 2 and is still active for <br />Permit Revision No. 4. Approval of Permit Revision No. 4 is also conditioned on three new <br />stipulations, numbers 8, 9 and 10. <br />Stipulation No. 7 <br />Approval of Permit Revision No. 2 for the Bowie No. 2 Mine is conditioned upon the resolution <br />of the following: <br />1) Kentucky citation no. C98-081-414-001, associated with Staz Fire Mining Company; <br />2) Kentucky forfeiture, cessation orders nos. 050265 and 050320 and civil penalties nos. 052522, <br />052908 and 053099 for permit no. 8980140, associated with Catawaba Industries; <br />3) West Virginia cessation order no. 031-C for permit no. 5012782, associated with Cannelton <br />Industries Inc. <br />3 <br /> <br />