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<br />Legal, Financial and Compliance Information - Rule 2.03 <br />Legal, financial and compliance information reviewed by the Division can`be~ <br />found in Section 2 of Volume I of the permit application. Copies of the <br />leases and warranty deed applying to the proposed operation, which are kept in <br />a confidential file, were also reviewed. Based on that information, the <br />Division makes the following findings. <br />Based on the coal leases and warranty deed in the confidential file, the <br />Division finds, pursuant to Rule 2.07.6(2)(f), that Storm King Mines, Inc. is <br />in compliance with Rule 2.03.6(2). The coal leases and warranty deed are the <br />documents of conveyance that expressly grant the right to extract coal. <br />Pursuant to Rule 2.07.6(2)(9) and on the basis of evidence submitted by the <br />applicant, the Division finds that Storm King Mines, Inc. does not own or <br />control any operations which are currently in violation of any law, rule, or <br />regulation of the United States, or any state law, rule, or regulation, or any <br />provision of the Surface Mining Control and Reclamation Act or the Colorado <br />Surface Coal Mining Reclamation Act. <br />Pursuant to Rule 2.07.b(2)(h), and on the basis of evidence submitted by the <br />applicant, the Division finds that Storm King Mines, Inc. does not control and <br />has not controlled mining operations with a demonstrated patter of willful <br />violations of the Act of such nature, duration, and with such resulting <br />irreparable damage to the environment, as to indicate an intent not to cdinply <br />with provisions of the Act. <br />Storm King Mines, Inc. presently has not obtained legal right of entry for all <br />]ands within the proposed permit area. These lands include portions of the <br />railroad right-of-way, the haul road, pipeline right-of-ways, and the entire <br />coal refuse disposal embankment. Most of this land is owned by the Bureau of <br />Land Management and the rest is contained in the Riverbend Subdivision. Storm <br />King is currently pursuing a lease from the Bureau of Land Management and has <br />stated that the Riverbend Subdivision property will be purchased following <br />permit issuance. At present, the Division cannot approve conducting surface <br />coal mining in those areas. The following is necessary for approval: <br />Requirement No. 1 <br />PRIOR TO CONSTRUCTION OF THE HAUL ROAD TO THE COAL PROCESSING WASTE <br />EMBANKMENT, THE RAILROAD, THE SLURRY AND RECLAIM WATER PIPELINES, THE <br />COAL PROCESSING WASTE EMBANKMENT AND ANY OTHER FACILITIES ON THE LANDS <br />WITHIN THE PROPOSED PERMIT AREA WHICH STORM KING MINES DOES NUT OWN OR <br />LEASE, THE APPLICANT MUST SUBMIT THE DOCUMENTS CONVEYING RIGHT-OF-ENTRY <br />WITH A MINOR REVISION REQUEST, AND RECEIVE APPROVAL FROM THE DIVISION . <br />With satisfactory resolution of the above stipulation, the proposed operation <br />will he in compliance with the requirements of this section. <br />