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Proposed Decision <br />The Colorado Division of Reclamation, Mining and Safety proposes to approve the application <br />for a permit revision to include two modified coal leases and modify the mine plan in the <br />currently approved permit area. <br />The application was submitted by BRL for the Bowie No. 2 Mine. This decision is based on a <br />finding that the operations will comply with all requirements of the Colorado State Program, as <br />found in the Colorado Surface 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 <br />thirty (30) days of the first publication of the issuance of this proposed decision, then this <br />decision becomes final. The original permit to conduct coal mining operations was issued on <br />April 4, 1997. The Division is in possession of a reclamation bond in the form of corporate <br />sureties with a combined value equal to the amount of the estimated reclamation bond liability. <br />The permit revision application, all supporting documentation and any stipulations or conditions <br />will become a binding part of the permit. <br />The original permit approval contained Stipulations Nos. 1, 2, 3 and 4. All four of these <br />stipulations were complied with when BRL secured the necessary permits and approvals. <br />Stipulation No. 5 was attached to Minor Revision No. 4 and was complied with when BRL <br />performed the required action. <br />Stipulation No. 6 had been attached to Minor Revision No. 5 and was complied with when BRL <br />submitted the required revised maps and permit application text. <br />Stipulation No. 7 was attached to the decision for Permit Revision No. 2. Approval of Permit <br />Revision No. 4 was conditioned on three new stipulations, Nos. 8, 9 and 10. For the approval of <br />Permit Revision No. 5, Stipulations Nos. 7 and 8, and new compliance issues brought up during <br />the review of PR -05, were combined into a new stipulation, Stipulation No. 12. Stipulation No. <br />12 was modified later for PR -07 and for PR -08. Stipulations Nos. 7 and 8 were, subsequently, <br />terminated. Stipulation No. 9 was revised when BRL modified its D -2 coal seam mine plan. <br />The stipulation has since been terminated because BRL modified the mining plan to eliminate <br />mining in the vicinity of the Bruce Park Dam. <br />Stipulation No. 10 required a technical revision to clarify water rights location and augmentation <br />plans, and was terminated with the approval of Technical Revision No. 31 on May 11, 2004. <br />Stipulation No. 11, attached to Field Minor Revision No. 17, was complied with when BRL <br />supplied the required permit text. <br />Stipulation No. 12 involved the Applicant Violator System computer check and was terminated. <br />Stipulation No. 13 was added to the decision for Permit Revision No. 6. Stipulation No. 13 was <br />terminated upon submission of the requested permits. <br />3 <br />