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archaeological resources aze discovered during project activities, "work must be <br />interrupted until the resources have been evaluated in terms of the National Register of <br />Historic Places eligibility criteria..." The approved permit application contains a written <br />commitment addressing the requirement to evaluate previously unidentified cultural and <br />historic resources prior to disturbance, and this requirement is further addressed by permit <br />Stipulation No. 50. <br />6. For this underground mining operation, private mineral estate has not been severed from <br />private surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not <br />required (2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the permittee 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, based on <br />information received from the Office of Surface Mining Applicant Violator System; <br />operations owned or controlled by Blue Mountain Energy, Inc., or BME's pazent <br />company, Deseret Generation and Transmission Cooperative, aze not currently in <br />violation of any law, rule, or regulation of the United States, or any State law, 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)(g)(i). <br />On 10 October 2003, the Division queried the Applicant Violator System (AVS). The <br />system recommendation was "issue." The operator, Blue Mountain Energy, Inc., is <br />current in the payment of reclamation fees required by 30 CFR Chapter VII, subchapter R <br />(2.07.6(2)(0)). <br />8. Blue Mountain Energy, Incorporated, does not control and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparable damage to the environment as to indicate an <br />intent not to comply with the provisions of the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operatons to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in azeas adjacent to the permit azea (2.07.6(2)(1)). <br />10. At the time of issuance of this proposed decision for PR-04, the Division holds a <br />reclamation performance bond for the Deserado Mine in the amount of $5,100,000.00, in <br />the form of Corporate Surety Bond issued by Travelers Casualty and Surety <br />Company. During the PR-04 review, the Division examined the bond document and <br />updated the estimated cost of reclamation for the worst-case disturbance that will occur <br />during the 1999-2004 permit term. The amended reclamation cost estimated by the <br />Division is $4,851,686.00. This amount represents the Division's estimate of the cost of <br />reclamation. It does not reflect any bond release for reclamation work completed by the <br />operator (2.07.6(2)(k)). The cost estimate with supporting documentation is set forth in <br />the Division's "Permit Revision 04 Cost Update" for the Deserado Mine, dated 10 <br />October 2003. The liability amount decrease was due to the removal of the rail loop from <br />15 <br />