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mitigation of the house by replacement of the structure. Twentymile Coal Company <br />demolished the original structure, backfilled the foundation, constructed a new <br />foundation and installed a modulaz home as agreed upon with the landowner. The <br />smaller residence owned by the Ashleys overlay gateroad 6 Right, and experienced <br />roughly 4 inches of subsidence. Twentymile Coal Company conducted repairs to the <br />smaller residence in accordance with the subsidence agreement with the Ashleys in the <br />fall of 1999. The residence owned by Twentymile Coal Company also overlay gateroad <br />6 Right. This structure was not monitored for subsidence impacts and will not undergo <br />any mitigative measures as a result of subsidence. <br />On the basis of information obtained from the State Historic Preservation Office <br />(SHPO) and archeological and cultural resource surveys submitted by the applicant, the <br />Division finds that subject to valid existing rights as of August 3, 1977, the mining <br />operation will not adversely affect any publicly owned pazk or place listed on or eligible <br />for listing in the National Register of Historic Places as determined by the State <br />Historic Preservation Office. On June 15, 2006, the Division sent a letter notifying <br />SHPO of the permit revision application and requested their evaluation of the project <br />with regazd to cultural and historic resources in the area. On June 30, 2006 the SHPO <br />responded that significant portions of the azeas of proposed mining activity had not yet <br />been surveyed for cultural resources, and advised that three cultural resources required <br />further data to evaluate their NRHP eligibility. [Rule 2.07.6(2)(e)(i)]. The SHPO <br />comments were transmitted to Twentymile on July 3, 2006. The Division received <br />comments from Twentymile on November 21, 2006, and transmitted them to the SHPO <br />on November 22, 2006. The SHPO concurred in the revision by letter dated November <br />28, 2006. <br />6. Foidel Creek is solely an underground operation, therefore the documentation required <br />by Rule 2.03.6(2) is not required [Rule 2.07.6(2)(f)]. <br />7. On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-114(3) compliance review required by <br />the Colorado Surface Coal Mining Reclamation Act, the Division finds that, with one <br />exception, Twentymile Coal Company and its pazent organizations do not own or <br />control any operations which are currently in violation of any law, rule, or regulation of <br />the United States, or any State law, rule, or regulation, or any provision of the Surface <br />Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act [Rule 2.07.6(2)(g)(i)]. The exception is an un-terminated Notice of <br />Violation, Number CV2006-006, on Permit C-1982-056. The Twentymile Coal <br />Company is on schedule for a number of corrective actions. <br />Twentymile Coal Company does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such nature, duration, and <br />with such resulting in•epazable damage to the environment as to indicate an intent not to <br />comply with the provisions of the Act [Rule 2.07.6(2)(h)]. The Applicant Violator <br />System was queried on 22 August 2006 (prior to updates of this revision) and again <br />19 <br />