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5. The Division finds that all necessary notices and approvals have been received, in order to allow <br />the permittee to adversely affect a public park or place listed on or eligible for listing in the <br />National Register of Historic Places as determined by the State Historic Preservation Office. The <br />places which may be affected are structures in and around the old Bowie town site. Approval to <br />affect the structures has been received from the Division and the State Historic Preservation <br />Officer. Specific surveys, inventories and approval letters are contained in Volume VI of the <br />Bowie No. 2 Mine permit application document. <br />6. For this mining operation, private mineral estate has not been severed from private surface estate; <br />therefore, the documentation specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)). <br />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 fmds that Bowie Resources LLC does not <br />own or control any operations which are currently in violation of any law, rule, or regulation of <br />the United States, or any State law, rule or regulation, or any provision of the Surface Mining <br />Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i)). The most recent Applicant Violator System (AVS) check occurred on <br />November 12, 2010 and the Division's AVS recommendation was "Issue". <br />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, duration, and with such <br />resulting irreparable damage to the environment as to indicate an intent not to comply with the <br />provisions of the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed under <br />this permit will not be inconsistent with other such operations anticipated to be performed in <br />areas adjacent to the permit area (2.07.6(2)(i)). <br />10. The reclamation cost associated with Permit Revision No. 12 is $45,039.00, due to the transfer of <br />liability of three exploration holes from the Bowie No. 1 Mine to the Bowie No. 2 Mine. The cost <br />of reclamation for the current disturbance that has already been done at the Bowie No. 2 Mine <br />amounts to $8,692,932.74. This assumes that construction on the Terror Creek ventilation shaft, <br />approved through TR-67, has not started. Therefore, the total reclamation cost with the approval <br />of PR-12 for the disturbances already done amounts to $8,737,971.74. Currently, the State of <br />Colorado holds corporate surety and cash bonds for the Bowie No. 2 Mine in the amount of <br />$8,811,270.00. Construction on the Terror Creek ventilation shaft can't proceed until sufficient <br />bond is received and approved by the Division. Otherwise, BRL will not have sufficient bond to <br />cover the increased liability cost. <br />11. The Division has made a negative determination for the presence of prime farmland within the <br />disturbed area. Soil types indicative of prime farmland do occur in the permit area; however, <br />these soil types either will not be disturbed by the Bowie No. 2 Mine or occur on slopes greater <br />than 6 percent and, therefore, are not considered prime farmland, according to Rule 2.04.12(2)(b). <br />The decision was based on information presented in Section 2.04.12 of the Bowie No. 2 Mine <br />permit application and upon a letter dated June 6, 1996 from the Natural Resource Conservation <br />Service (Volume III, Exhibit 14, Bowie No. 2 Mine permit application document) that <br />demonstrates that no prime farmland mapping units are found within the permit area <br />(2.07.6(2)(k)). <br />26