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Proposed Decision <br />The Colorado Division of Reclamation, Mining and Safety proposes to approve an application for a <br />permit revision of a valid existing permit. <br />The application was submitted by Bowie Resources LLC for the Bowie No. 1 Mine. This decision is <br />based on a finding that the operations will comply with all requirements of the Colorado State Program as <br />found in the Colorado Surface Coal Mining Reclamation Act, C.R.S. 34-33-101 et seq., and the <br />Regulations promulgated pursuant to the Act. If no request for a formal hearing is made within thirty (30) <br />days of the first publication of the issuance of this proposed decision, then this decision becomes final and <br />the new permit will be issued. The permit application, all supporting documentation and any stipulations <br />or conditions will become a binding part of the permit. The following are the stipulations which came <br />from previous permitting actions and which are still active. All other stipulations have been complied <br />with or have been terminated. <br />Stipulation No. 26 <br />One year after the completion of reclamation activities at the loadout, the operator shall compare the <br />soil characteristics of the reclaimed area with the adjacent undisturbed orchard areas to verify that the <br />hydrologic function of flood irrigability has been restored. Such comparison should be in the form of <br />infiltration, permeability and texture studies. <br />Stipulation No. 53 <br />Before mining resumes, BRL will submit, and obtain Division approval for, a revision that <br />addresses the planned mining sequence for the remainder of the existing permit term. <br />Summary <br />The Review Process <br />Bowie Resources LLC (BRL) has filed a permit revision application (PR-4) for the Bowie No. 1 Mine <br />pursuant to the Colorado Surface Coal Mining Reclamation Act (Section 34-33-109, C.R.S. 1973, as <br />amended) and the Rules promulgated thereunder. The Bowie No. 1 Mine was an underground mine <br />which had been in operation since 1975 but is now undergoing reclamation. The mine was originally <br />called the Orchard Valley Mine and the original applicant was Colorado Westmoreland, Inc. (CWI). <br />The Orchard Valley Mine (Bowie No. 1) permit application was originally submitted on September 30, <br />1977. The permit application was approved by the Mined Land Reclamation Board under the interim <br />program on April 27, 1978. A modified permit application to comply with the proposed Colorado <br />Permanent Regulatory Program was submitted on June 18, 1979, and revised on February 27, 1981. The <br />Permanent Program Permit No. C-038-81, with 25 stipulations attached, was issued on September 24, <br />1981. <br />A permit revision application to incorporate 480 acres into the permit area of Permit No. C-81-038 was <br />submitted to the Division on November 18, 1982. CWI's application included information from the <br />adjacent Orchard Valley Permit C-81-038 as well as the permit revision area. Permit No. C-038-081,