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The CASA cultural resource survey of 1997 "highly recommended that no further <br /> cultural resource inventories be required for underground mining by GCC in this area <br /> of high mesas. There is little probability of significant cultural resources and there <br /> would be no direct impacts to cultural resources from the GCC underground mining <br /> activities." <br /> Additionally, a CASA Cultural Resources survey was performed on the King I Mine <br /> in 1994 and the recommendations were the same as those above. <br /> GCC obtained a letter, dated August 12, 2005, from the State Historic Preservation <br /> Officer pertaining to a file search of their records for the King II Mine. No known <br /> sites eligible for the National Register of Historic Places were identified. <br /> Additionally, a CASA Cultural Resources survey was performed on the King I I <br /> Mine in 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 <br /> rights as of August 3, 1977, the mining operation will not adversely affect any <br /> publicly owned park or place listed on or eligible for listing in the National Register <br /> of Historic Places as determined by the State Historic Preservation Office <br /> (2.07.6(2)(e)(i)) <br /> 6. Although the private mineral estate has been severed from private surface estate in <br /> parts of the permit area, surface coal mining operations are not proposed for the King <br /> Coal Mine; therefore, the submittal of documentation as required by Rule 2.03.6(2) is <br /> not required (2.07.6(2)(f)) <br /> 7. On the basis of evidence submitted by the applicant and received from other state and <br /> federal agencies as a result of the Section 34-33-114(3) compliance review required by the <br /> Colorado Surface Coal Mining Reclamation Act, the Division finds that GCC Energy, <br /> LLC does not own or control any operations which are currently in violation of any law, <br /> rule, or regulation of the United States, or any State law, rule, or regulation, or any <br /> provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br /> Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br /> AVS queries were conducted during the adequacy review and concurrent with this <br /> proposed decision on November 16, 2022. An additional AVS compliance check will <br /> be conducted prior to issuance of the permit renewal. <br /> 8. 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 <br /> 12 <br />