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Right of Successive Renewal C.R.S 34-33-] 09(7) and Regulation 2.08.5 allow an operator to permit any lands outside the five-yeaz mine plan area with the right of successive permit renewal. BRL has exercised this right by submitting a complete permit renewal application package at least 180 days before the current permit expires. The permit azea for the Bowie No. 1 Mine that was included in the application contains coal reserves projected to last to the year 2010. The Division originally granted CWI approval to mine all of these lands (subject to the attached conditions). However, the permit term will be divided into five-year increments. At the end of each permit term, BRL needs only to apply for a permit renewal (along with responding adequately to any applicable stipulations or conditions). In determining whether to approve or deny a renewal, the burden shall be on the opponent of the renewal. Description of the Environment The Bowie No. 1 Mine is situated in the northeastern portion of Delta County, Colorado, and is located approximately four (4) miles north of Paonia, Colorado, along the Steven's Gulch Road. The western extremities of the Bowie No. 1 Mine permit area are bounded closely by the East and West Roatcap Creek drainage divide, and the northern boundary is located at approximately the Morrell Cow Camp azea. The coal loadout facilities aze located approximately one mile northeast of Paonia along State Highway No.133. The general area in which the mine is located is characterized by a semi-azid environment of steeply sloping mountains. Both the main mine portal facilities (East Mine) and the loadout were constructed in the 1970's, prior to the passage of the Colorado Surface Coal Mining and Reclamation Act (SMCRA). The West Mine facilities were built in late 1986 and early 1987. Land Use -Rules 2.04.3, 2.05.5, 4.16 The discussion of land use may be found in Volume 1 on pages 1 to 10 of Section 2.04.3 and pages 80 to 83 of Section 2.05.5. Aland use appendix is located in Volume 9, along with Map No. 9-1, "Land Use Information Map." The permit area can be divided into two general land use categories. The loadout is within an area historically used as cropland or, more specifically, orchard land. The permit area north of Highway 133 is used as short-term grazing and wildlife habitat. Grazing tends to be short term due to the low productivity of the pinon juniper and oakbrush vegetation. Some recreational use, hunting and hiking in particulaz, occurs within the mine area. There are also a few summer homes, cow camps, and even a restaurant that has been used intermittently. The pre-mining land use classifications on the azea aze: (1) grazing land for domestic livestock and wildlife, (2) orchard land in the area of the loadout facilities, and (3) previous mine disturbances. 10