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special stipulations attached to BLM Right-of-Way Lease Agreement No. COC-36791, <br />committed to performing mitigation measures for archaeological sites 5GF 1147 and 5GF742 <br />in accordance with the approved mitigation plan. Mitigation activities were to be performed <br />prior to construction activity in the area and were to be coordinated by and through the BLM <br />Grand Junction Resource Area Archaeologist. <br />Reclamation has been largely completed at Munger Canyon Mine, and no further mining or <br />mining related disturbance is proposed or approved in the subject locations or elsewhere in <br />the permit area. Further, BLM terminated Right-of-Way Lease No. COC-36791 by decision <br />dated February 2, 2004. Activities that had been authorized under the lease, (coal stockpile, <br />supply yard, sediment ponds, and a waste coal refuse disposal), and which may have <br />impacted the eligible sites, were never initiated, are no longer proposed by the operator, and <br />are no longer approved by DRMS or BLM. <br />Cultural and Historic Resources are addressed in Section 4.1.5 of the permit application text, <br />in Volume 1, and in Appendix J, of Volume 3. The Volume 1 text includes a commitment to <br />immediately notify the BLM if cultural resources are discovered during operations. The <br />BLM lease termination for COC-36791 is included in Permit Appendix C, Exhibit le, of <br />Volume 3. <br />6. For this surface 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 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 CAM Mining, LLC (CAM) <br />does not own or control any operations which are currently in violation of any law, rule, or <br />regulation of the United States, or any State law, rule, or regulation, or any provision of the <br />Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act (2.07.6(2)(g)(i)). This finding was confirmed by the Division's check of <br />the OSM Applicant Violator System (AVS), on December 12, 2007. <br />8. CAM Mining, LLC does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with such <br />resulting irreparable damage to the environment as to indicate an intent not to comply with <br />the provisions of the Act (2.07.6(2)(h)). This finding was confirmed by the Division's check <br />of the OSM Applicant Violator System (AVS), on December 12, 2007. <br />9. 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)(i)). <br />10. The Division has estimated a worst case reclamation cost of $263,445.00 for the Munger <br />Canyon Mine, in association with RN-05. The current bond held is a corporate surety <br />16