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7. On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that BRL does not own or control <br />any operations which aze currently in violation of any law, rule, or regulation of the United <br />States, or any State law, rule, or regulation, or any provision of the Surface Mining Control <br />and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i). However, the information supplied by BRL does show that there have been <br />violations from other companies within the corporate network of the parent corporations of <br />BRL that have not been completely resolved. The most recent Applicant Violator System <br />(AVS) check occurred on December 19, 2003, and the AVS recommendation was <br />"Conditional Issue." Therefore, Stipulation No. 54 has been modified for Permit Renewal <br />No. 4 and appeazs in this findings document. <br />BRL, both the applicant and the operator, 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 irrepazable 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 />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 to be <br />performed in areas adjacent to the permit area (2.07.6(2)(1)). <br />10. The Division currently holds a total bond amount of $6,450,000.00 in two instruments. The <br />first instrument is in the form of cash amounting to $1,000,000.00 that was drawn and held <br />by the State of Colorado Treasury. The second instrument is a corporate surety in the amount <br />of $5,450,000.00, issued through the CGU Insurance Company. <br />Under Rules 2.08.5(3)(a)(iv) and 3.02.2(4), the Division is required, at the time of permit <br />renewal, to review and adjust, if necessary and for good cause shown, the reclamation cost <br />estimate at a mine site. Adjustment of the reclamation cost estimate is required if the cost of <br />any future reclamation at the mine site changes. <br />Any such adjustment must follow the procedures stated in Rule 3.02.2(4). First, the <br />permittee must be notified of the proposed reclamation cost estimate adjustment and be <br />provided an opportunity for an informal conference concerning the adjustment. Second, the <br />bond adjustment must be announced in a written proposed decision by the Division, in a <br />publication for two consecutive weeks of the Division's proposed decision and in a <br />notification to the permittee, the surety and any owner of a property interest in the collateral <br />who has requested such notification, Third, there must be an opportunity for a formal hearing <br />concerning the bond adjustment. Any person can request a formal hearing if that person has <br />an interest which is adversely affected by the Division's proposed decision. The request for <br />the formal heazing must be in written form, stating the reason for the objection, and must be <br />received by the Division within 30 days of the initial publication of the Division's proposed <br />decision. <br />23 <br />