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Findings of Compliance by The Colorado Mined Reclamation Division For The Kerr Coal Company Marr Strip and Prep Plant I. Legal, Financial, and Compliance Information_Rule 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 required. 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 Regulations, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. Kerr Coal does not control and has not controlled mining operations with a demonstrated 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 comply with the provisions of the Act. During the initial permit term a lease for fee coal, which Kerr held, expired. This lease area, the Sudduth Lease, is the northernmost tip of the permit area. Kerr Coal has been engaged in negotiations with the landowner, however, no agreement has been reached at this time. As Kerr does not have a legal right to enter this area, it cannot be permitted by the Division during the permit renewal process. Therefore, the parcel of land known as the Sudduth Lease Area, located in T9N, R78W of the 6th P,M., Section 15 SW 1/4; is deleted from the Kerr Coal permit area. This parcel of land shall not be disturbed by surface coal mining activities until such a time as Kerr Coal Company obtains a lease and right to enter, and a revision to include this area into the permit is approved by the Division. The operation is in compliance with the requirements of this section. II. Land Use Rule 2.04.3, 2.05.5, 4.16 For the previous permit term, the Division approved the post-mining land use as rangeland. It was determined that the designation met the requirements of Section 4.16 of the Regulations.