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A survey of cultural resources was performed by Jamie A. Karlson; Staff Archaeologist. <br />• Fort Lewis College. This survey did not identify any cultural resources eligible for the <br />National Register of Historic Places. <br />National King Coal also obtained a letter, dated March 4, 1980, from the State Historic <br />Preservation Officer pertaining to a file search of their records. No known sites eligible <br />for the National Register of Historic Places were identified. The Colorado State Historical <br />Society updated this finding on December 7, 1993. <br />An additions] CASA Cultural Resources survey was performed in 1994 was the same <br />recommendation as those above. <br />On the basis of this information, the Division finds that subject to valid existing rights as <br />of August 3, 1977, the mining operation will not adversely affect any publicly owned patio <br />or place listed on or eligible for listing in the National Register of Historic Places as <br />determined by the State Historic Preservation Office (2.07.6(2)(e)(I)). <br />6. Although there is a separation of mineral estate to be mined from the surface ownership, <br />the King Coal Mine is not a surface coal mining operation nor are any surface coal mining <br />operations to be conducted on the acreage in question. As a result, the submittal of <br />documentation as required by Rules 2.07.6(2)(f) an¢ 2.03.6(2) is not required. <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 the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that National King <br />Coal, Inc. does own or control an operation which is currently in violation in the state of <br />West Virgins, bu is in the process of correcting such violation (2.07.6(2)(g)(I)). A <br />settltment agreement is currently in place, therefore, the following stipulation is <br />warreanted: <br />STIPULATION 11 <br />AS SOON AS POSSIBLE, THE DIRECTORS OF NATIONAL KING COAL,LLC, <br />WILL SUBMIT INFORMATION THAT INDICATES APPLICANT VIOLATOR <br />SYSTEM (AVS) PROBLEMS ASSOCIATED WITH COAL MINE PERMITS 5004084 <br />AND 5004381 IN WEST VIItGINA HAVE BEEN RESOLVED. <br />8. The operator does not control and has not controlled mining operations with a <br />demottstrated pattern of willful violations of the Act of such nature, duration, and with <br />such resulting irrepazable damage to the environment as to indicate an intent not to comply <br />with the provisions of the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed <br />. under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area (2.07.6(2)(I)). <br />10 <br />