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• • Violation No. 34-33-120(2)(u). Failure to protect off-site <br />areas from slides or damage occurring during the surface <br />coal mining and reclamation operations. <br />Status: Pending decision from Division. <br />• Violation No. 34-33-120(2)(v). Failure to place all excess <br />spoil material in a manner which ensures stability, is <br />outside natural water courses, prevents infiltration of <br />water into the spoil, and prevents mass movement. <br />Status: Pending decision from Division. <br />A history of the violations and cessation order far Peacock Coal Mine <br />are set forth in Exhibit 2, Letter from Mr. Mike Long of the Colorado <br />Mined Land Reclamation Division to File No. C-040-81. <br />2.03.6 Right of Entry and Operational Information <br />• The documents in Exhibit 1, Documents and Leases, vest the rights shown <br />in and to the surface estate within the permit area. <br />The document in Exhibit 1, Documents and Leases, vests the right to the <br />coal estate within the permit area. <br />2.03.7 Relationship to Areas Designated Unsuitable for Minin <br />The permit area is not within an area designated unsuitable for surface <br />mining activities as defined in Rule'? or 30 CFR 764 and 765, or under <br />study for designation in an administrative proceeding under Rule 7 or 30 <br />CFR 764 and 765. <br />2.03.8 Permit Term Information <br />Sunbelt has submitted information within this application to cover coal <br />mining for a period of five years. Sufficient information for the 5-year <br />• permit has been included in this permit. Sunbelt would like to continue <br />2.03-14 <br />