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c Findings Kerr Coal Company Ma rr Strip; Marr Prep Plant I.~ Leeal, Financial, and Compliance Information (2.03) For this operation, private mineral estate has not been severed from private surface estate, therefore the documentation specified by 2.03.6(2) is not re- quired. (2.07.6(2)(f)). V On the basis of evidence submitted by the applicant, this Division finds that Kerr Coal 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)). Kerr Coal does not control and has not controlled mining operations with a demon- strated 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 ccmply with the provisions of the Act. (2.07.6(2)(h)). The proposed operation is in compliance. II. Land Use (2.04.3, 2.05.5, 9.1 The Division hereby approves '- a postmining ianduse of the proposed operation. ~~~~ It was determined that angeland .et the requirements of Section 4.16. (2.07.6 (2) (e)) . IZI. Cultural and Historic Resources (2.04.4, 2.05.6(4)) The proposed mining operation will not adversely affect any publicly owned park or place listed on the National Register of Historic Places. (2.07.6(2)(e)). Although not recvired by Colorado regulations, within the Federal Regulations there is a further consideration of "cultural or historic resources eligible for listing on the National Register of Historic Places". The original archeological investigation cited several artifact assemblages as being "potentially eligible" For listing. The Office of Surface Mining required that these sites be reclassi- fied as "eligible" or "not eligible" for listing. All sites identified were subsequently determined to be "not eligible" for listing on the National Register. The proposed operation is in compliance. IV. Geology (2.04.5, 2.04.6) The following problems were identified in the review and have been satisfactorily resolved: I. Due to the unique geology of the site, initial overburden sampling did not intercept all affected strata. Kerr Coal resolved the problem by resampling at three sites to characterize all affected strata. Although questions were raised by MLRD over sampling intervals, enough information was submitted to identify overall chemical and physical propertic-s of -3-