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for listing in the National Register of Historic Places as determined by the State Historic <br />Preservation Office [incompliance with Rule 2.07.6(2)(e)(I)] <br />S. Mineral and Surface Estates. For this surface mining operation, private mineral estate has, in <br />part, been severed from private surface estate. Colowyo owns all private lands to be affected <br />within the Permit area. Documentation in the Permit verifying this is in the form of copies of <br />property deeds [Rule 2.03.6(2)]. <br />D. Applicant Violator System. On the basis of evidence submitted by the applicant and <br />received from other state and federal agencies as a result of the Section 34-33-114(3) compliance <br />review required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that <br />Colowyo Coal Company L. P. does not own or control any operations which aze currently in <br />violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, <br />or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br />Coal Mining Reclamation Act [in compliance with Rule 2.07.6(2)(g)(1)]. <br />E. Willful Violations. Colowyo Coal Company L.P. does not control and has not controlled <br />mining operations with a demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparable damage to the environment as to indicate an intent <br />not to comply with the provisions of the Act [in compliance with Rule 2.07.6(2)(h)]. <br />F. Inconsistent Operations. The Division finds that surface coal mining and reclamation <br />operations to be performed under this permit will not be inconsistent with other such operations <br />anticipated to be performed in areas adjacent to the permit area [in compliance with Rule <br />2.07.6(2)(1)]. <br />G. Performance Bond. Colowyo proposed, and the Division accepted, to submit a <br />performance bond incrementally in accordance with the disturbance. Detailed reclamation cost <br />estimates and liability information can be found in Volume 4, Exhibit 13 of the Permit, and <br />30 Revised October 30, 1997 <br />