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-11- FINDINGS COLORADO WESTMORELAND INC. ORCHARD YALLEY MINE I. LEGAL, FINANCIAL, AND COMPLIANCE INFORMATON (2.03) The legal, financial, and compliance information sections can be found on pages 3-43, of Section 2.03, in Volume 1. Colorado Westmoreland Inc. has not obtained right of entry for certain surface lands overlying underground coal reserves. Although CWI is entitled to mine the coal, surface owner consent is still required since underground mining could cause subsidence related disturbances to the surface lands. CWI (and MLRD) needs right of entry for the purpose of monitoring, inspecting, and repairing aRy lands affected by subsidence. In addition, right of entry is required for all permitted lands. CWI has right of entry for lands within this fire-year plan but does not have entry consent for some areas in later permit terms within the life of mine area. The following stipulation is therefore required: Stipulation No. 26 CWI SHALL SUBMIT RIGHT OF ENTRY INFORMATION TO MLRD FOR ALL SURFACE AFFECTED LANDS WITHIN THE PERMIT AREA PRIOR TO EXTRACTING COAL BENEATH THESE LANDS OR OTHERWISE AFFECTING THEM. On the basis of evidence submitted by the applicant and a compliance status review conducted by the Division, this Division finds that Colorado Westmoreland Inc. does not own or control aqy operations which are currently in violation of aqy law, rule, or regulation of the United States, or arty State law rule, or regulation, or aqy provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6 (2 ) (g) ). Colorado Westmoreland Inc. 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 provision of the Act (2.07.6 (2) (h) ). The proposed operation is in compliance. II: LAND USE (2.04.3, 2.05.5, 4.16) fi discussion of land use may be found in Volume 1 on pages 1-10 of section 2. 4.3 and pages 80-83 of section 2.05.5. Aland use appendix is located in Yolume 9 along with map No. 9-1, Land Use Information Map.