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The Division finds that Peerless Resources 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 to indicate an intent not to comply with the provisions of the Act pursuant to Rule 2.07.6(2)(h). The applicant has provided an identification of interests as required. In order to ensure that a current, concise and accurate permit application document is available to the Division and public, it is stipulated: Stipulation No. 1 PRIOR TO PERMIT ISSUANCE, THE APPLICANT SHALL UPDATE, REWRITE AND INCORPORATE ALL CHANGES AND MODIFICATIONS MADE DURING THE REVIEW PERIOD INTO THE PERMIT APPLICATION. THE APPLICANT SHALL PROVIDE THE DIVISION WITH FOUR COPIES OF THE REVISED DOCUMENT. The applicant is in compliance with the requirements of this section, wtih the acceptance of the above stipulation. II. Land Use - Rules 2.04.3, 2.05.5, and 4.16 Information on pre- and post-mining land uses can be found in Sections 2.04.3 and 4.16 of the permit application. The pre-mining land use on the permit area was designated as "undeveloped land" by the applicant. After discussions with the Division, the applicant agreed that the pre-mining and post-mining land use designation for the permit area would be best represented as wildlife habi tat. Peerless Resources Inc. will reclaim the dirsturbed areas to wildlife habitat. The Division finds that the applicant does not plan to change the post-mining land use from the identified pre-mining land use. The Division hereby approves the post-mining land use of wildlife habitat for the Coal Gulch Mine area in accordance with Rule 2.07.6(2)(1). The applicant has not provided a copy of the comments concerning the proposed post-mining land use from any of the owners of record except Mr. Sam Arness, as required by Rule 2.05.5 (2) (b). It is therefore stipulated: Stipulation No. 2 PRIOR TO ANY ACTIVITY BY THE PERMITTEE IN ANY AREA NOT OWNED BY MR. SAM ARNESS, AND WITHIN SIXTY (60) DAYS OF PERMIT ISSURNACE, THE PERMITTEE WILL SUBMIT COMMENTS FROM ALL OWNERS OF RECORD OF THE SURFACE WITHIN THE PERMIT AREA REGARDING THE PROPOSED POST-MINING LAND USE IN ACCORDANCE WITH RULE 2.05.5 (2) (b). With the acceptance of the above stipulation, the applicant is in compliance with the requirements of this section.