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<br />_Zl_ <br />II. Land Use - Rules 2.04.3, 2.05.5 and 4.16 <br />The Division has reviewed the information presented in the application in Section <br />9.1 (pages IV-1 - IV-9), Section 5.5 (pages V-27 - V-29), Exhibit V-1, and <br />preliminary adequacy review responses of February 5, 1982. <br />Lands within the permit area have been classified as highland agriculture by the <br />Las Animas Planning Commission. Historic records and landowners have indicated <br />that no agricultural activities have been undertaken within the permit area, and <br />that light grazing and wildlife habitat have been the land uses (in addition to <br />coal mining) for the five years previous to the submittal of this permit application. <br />The land use existing previous to mining has, therefore, been designated rangeland <br />and wildlife habitat. <br />The applicant does not propose to change the post-mining land use from the above <br />designated rangeland and wildlife habitat. Pursuant to 2,07.6(2)(1), the Division <br />approves the post-mining land use of rangeland and wildlife habitat. <br />During the course of application preparation and review, the applicant did not <br />obtain surface owner comrrents from two surface owners on the proposed post-mining <br />Land use as required by 2.05.5(1)(b). Zt is, therefore, stipulated that: <br />Stipulation No. 1: <br />WITHIN 30 DAYS OF PERMIT ISSUANCE, THE PERMITTEE SHALL OBTAIN AND <br />SUBMIT TO THE DIVISION WRITTEN COMMENTS ON THE PROPOSED POST-MINING <br />LAND USE OF RANGELAND AND WILDLIFE t1ABITAT FROM MR. JOHN WIGGINS <br />RND MR. ALVIN WIGGINS. <br />With the acceptance of this stipulation, the operation will be in compliance with <br />the requirements of this section. <br />III. Cultural and Historic Resources - Rules 2.04.4 and 2.05.6(4) <br />The Division has reviewed the information submitted by the applicant in Section <br />4.2 (page IV-9) and Exhibits IV-2 and IV-3 of the permit application. <br />The applicant contacted the Colorado Historical Society and the Las Animas County <br />Planning Office in order to determine if any cultural or historic resources had <br />been identified within the mine permit area. Information received from these sources <br />indicated that there are no known archaeological and/or historical resources in <br />the proposed permit area, <br />The Division contacted the State Historic Preservation Officer and it was deter- <br />mined that no listed or eligible sites (for the National Register of Historic <br />Places) had been identified in the proposed permit area, <br />Pursuant to Rule 2,07,6(2)(e), the Division finds that mining and reclamation <br />operations will not adversely affect any publicly owned park or place listed on <br />the National Register of Historic Places. <br />The operation is in compliance with the requirements of this section, <br />