2013-04-05_REVISION - C1996083 (12)

Home Browse Search

The Division finds that all necessary notices and approvals have been received, in order to allow the permittee to adversely affect a public park or place listed on or eligible for listing in the National Register of Historic Places as determined by the State Historic Preservation Office. The places which may be affected are structures in and around the old Bowie town site. Approval to affect the structures has been received from the Division and the State Historic Preservation Officer. Specific surveys, inventories and approval letters are contained in Volume VI of the Bowie No. 2 Mine permit application document. 6. For this mining operation, private mineral estate has not been severed from private surface estate, therefore, the documentation specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)). 7. On the basis of evidence submitted by the applicant and received from other state and federal agencies as a result of the Section 34 -33- 114(3) compliance review required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that Bowie Resources LLC does not own or control any operations which are currently in violation of any law, rule, or regulation of the United States, or any State law, rule or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(1)). However, the information supplied by Bowie Resources LLC does show that there have been violations from other companies within the corporate network of the parent corporations of Bowie Resources Limited that have not been completely resolved but that are under the terms of settlement agreements. The most recent Applicant Violator System (AVS) check occurred on June 22, 2007 and the Division's AVS recommendation was "Issue ". Bowie Resources LLC does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act (2.07.6(2)(h)). 9. The Division finds that surface coal mining and reclamation operations to be performed under this permit will not be inconsistent with other such operations anticipated to be performed in areas adjacent to the permit area (2.07.6(2)(1)). 10. The reclamation cost estimate associated with Permit Renewal No. 3, being reviewed and approved concurrently with Permit Revision No. 13 is $10,737,564.16. This bond amount is an increase of $1,204,316.06 over the currently approved reclamation liability amount of $9,533,248.13, and reflects the Division's projection of reclamation costs for worst -case disturbance that will occur during the remaining permit term. Currently, the State of Colorado holds corporate surety and cash bonds for the Bowie No. 2 Mine in the amount of $10,714,874.06. Within 30 days of the first publication of the Division's proposed decision to approve Permit Revision No. 13, BRL must post an additional $22,690.10 reclamation performance bond. 11. The Division has made a negative determination for the presence of prime farmland within the disturbed area. Soil types indicative of prime farmland do occur in the permit area; however, these soil types either will not be disturbed by the Bowie No. 2 Mine or occur on slopes greater than 6 percent and, therefore, are not considered prime farmland, according to Rule 2.04.12(2)(b). The decision was based on information presented in Section 2.04.12 of the Bowie No. 2 Mine permit application and upon a letter dated June 6, 1996 from the Natural Resource Conservation Service (Volume III, Exhibit 14, Bowie No. 2 Mine permit application document) that demonstrates that no prime farmland mapping units are found within the permit area (2.07.6(2)(k)). 18