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The CASA cultural resource survey of 1997 "highly recommended that no further cultural <br />resource inventories be required for underground mining by NKC in this area of high mesas. <br />There is little probability of significant cultural resources and there would be no direct <br />impacts to cultural resources from the NKC underground mining activities." <br />Additionally, a CASA Cultural Resources survey was performed on the King I Mine in 1994 <br />and the recommendations were the same as those above. <br />NKC obtained a letter, dated August 12, 2005, from the State Historic Preservation Officer <br />pertaining to a file search of their records for the King II Mine. No known sites eligible for <br />the National Register of Historic Places were identified. <br />Additionally, a CASA Cultural Resources survey was performed on the King II Mine in <br />2005 and the recommendations were the same as those above. <br />On the basis of this information, the Division finds that subject to valid existing rights as of <br />August 3, 1977, the mining operation will not adversely affect any publicly owned park or <br />place listed on or eligible for listing in the National Register of Historic Places as determined <br />by the State Historic Preservation Office (2.07.6(2)(e)(i)). <br />6. Although the private mineral estate has been severed from private surface estate in parts of <br />the permit area, surface coal mining operations are not proposed for the King Coal Mine; <br />therefore, the submittal of documentation as required by Rule 2.03.6(2) is not required <br />(2.07.6(2)(f)). <br />7. AVS queries were conducted during the adequacy review and concurrent with this proposed <br />decision on October 25, 2017. An additional AVS compliance check will be conducted prior <br />to issuance of the permit renewal. <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 finds that GCC Energy, LLC does not <br />own or control any operations which are currently in violation of any law, rule, or regulation <br />of the United States, or any State law, rule, or regulation, or any provision of the Surface <br />Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i))• <br />GCC Energy, 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 <br />such resulting irreparable damage to the environment as to indicate an intent not to comply <br />with the provisions of the Act (2.07.6(2)(h)). <br />9. Underground coal mining operations have been conducted in this area of Hay Gulch since <br />the 1930s. The Division finds that surface coal mining and reclamation operations to be <br />performed under this permit will not be inconsistent with other such operations anticipated <br />13 <br />