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is included in Volume III, Exhibit 14, from the dwelling owner, which states that <br />the owner had the legal right to deny mining, and the dwelling owner knowingly <br />waived that right. <br />For Permit Revision No. 3, some of the proposed operations were within 300 feet <br />of several buildings that had been owned by the Hidden Valley Ranch and Cattle <br />Company. However, under an Option to Purchase, BRL negotiated a Special <br />Power of Attorney that assigned all rights to BRL for the property in question. <br />This documentation is found in Tab 1 of Volume III of the permit application. <br />Concerning Permit Revision No. 6, several occupied buildings were within 300 <br />feet of the proposed operations. In several cases, BRL purchased the properties <br />and demolished the buildings. In another case, BRL built a replacement home for <br />one citizen whose original home was within 300 feet of the disturbance. BRL, <br />then, received aright-of--entry agreement with the same landowner for access onto <br />the property. BRL also received aright-of--entry agreement with another citizen <br />for property access. The deeds of purchase and right-of--entry agreements are <br />located in Exhibit 1 of Volume III of the permit application. <br />5. The Division finds that all necessary notices and approvals have been received, in order <br />to allow the permittee to adversely affect a public park or place listed on or eligible for <br />listing in the National Register of Historic Places as determined by the State Historic <br />Preservation Office. The places which may be affected aze structures in and azound the <br />old Bowie townsite. Approval to affect the structures has been received from the Division <br />and the State Historic Preservation Officer. Specific surveys, inventories and approval <br />letters are contained in Volume VI of the Bowie No. 2 Mine permit application <br />document. <br />6. For this mining operation, private mineral estate has not been severed from private <br />surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not required <br />(2.07.6(2)(f)). <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 by <br />the Colorado Surface Coal Mining Reclamation Act, the Division finds that Bowie <br />Resources, LLC does not own or control any operations which aze currently in violation <br />of any law, rule, or regulation of the United States, or any State law, rule or regulation, or <br />any provision of the Surface Mining Control and Reclamation Act or the Colorado <br />Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). The most recent Applicant <br />Violator System (AVS) check occurred on October 4, 2005, and the Division's AVS <br />recommendation was "Issue." <br />8. Bowie Resources, LLC does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, dwation, and with <br />such resulting in•epazable 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 />23 <br />