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Coal Company and, therefore, the documentation required by this rule is not <br />necessary. <br />5. On the basis of information submitted by Colorado Yampa Coal Company in the form <br />of Exhibit 12 of the permit document, the Division finds that subject to valid existing <br />rights as of August 3, 1977, the mining operation will not adversely affect any publicly <br />owned pazk or place listed on or eligible for listing in the National Register of Historic <br />Places as determined by the State Historic Preservation Office (2.07.6(2)(e)(i). <br />6. For this surface mining operation private mineral estate has been severed from private <br />surface estate; however, the documentation specified by Rule 2.03.6(2) is not required <br />because Cyprus Western Coal Company (an affiliate of Colorado Yampa Coal <br />Company) is the surface owner over the entire permit area (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 Colorado <br />Yampa Coal Company does not own or control any operations which aze currently in <br />violation of any law, rule, or regulation of the United States, or any State law, rule, or <br />regulation, or any provision of the Surface Mining Control and Reclamation Act or the <br />Colorado Surface Coal Mining Reclamation Act (2.07.6 (2)(g)(i)). <br />Mine No. 3 is operated by Colorado Yampa Coal Company, which is a subsidiary of <br />Cyprus Yampa Valley Coal Corporation, a subsidiary of Cyprus Western Coal <br />Company, a subsidiary of Cyprus AMAX Coal Company, a subsidiary of AMAX <br />Energy, Inc., a subsidiary of Cyprus AMAX Minerals Company. <br />Colorado Yampa Coal Company also operates the Eckman Pazk, Mine No. 1 and Mine <br />No. 2 complex under state permit C-81-071. The Foidel Creek mine (permit number <br />(C-82-056) is operated by Twentymile Coal Company, also a subsidiary of Cyprus <br />Yampa Valley Coal Corporation. <br />8. Colorado Yampa Coal Company does not control, and has not controlled, mining <br />operations with a demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparable damage to the environment as to indicate <br />an intent not to comply with the provisions of the Act. Compliance status letters were <br />sent to the various states which may have Cyprus operations by certified mail on <br />November 8, 1990. As of June 26, 1995, the Division did not receive any response <br />which would indicate non-compliance (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 azeas adjacent to the permit area (2.07.6 (2) (i)). <br />] 0. The Division has examined, and is holding Aetna Casualty and Surety Company, <br />corporate surety number 645100208584BCA, in the amount of $200,000.00 The bond <br />is valid and the bond amount exceeds the actual required amount of $180,539.00. <br />]0 <br />