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<br />-a- <br />The operation does not involve the extraction of coal by surface mining <br />methods. Therefore, pursuant to rule 2.01.6(2)(f), the Division finds that <br />the documentation specified by Rule 2.03.6(2) is not required. <br />Both the coal to be mined and the surface lands within the permit area are <br />privately owned by Ed and Helen Christine "Nell" Eldridge. The legal basis <br />for right of entry is provided by a lease agreement contained in Appendix H <br />which names Western Associated Energy Corporation, a Texas Corporation, as <br />lessee. Western Associated Energy Corporation is the principal shareholder in <br />Eastside Coal Company, Inc. <br />The proposed operation is in compliance with the requirements of this section. <br />II. Land Use -- Rules 2.04.3, 2.05.5 and 4.16 <br />Information on premining and adjacent land use is provided on pages 12 through <br />17 of the application. Post-mining land use is discussed on page 122. <br />Sma11 scale underground mining has occurred along the coal outcrops on both <br />sides of Harvey Gap Drainage since the late 1800's. Coal extraction was <br />conducted as late as the 1970's at the site of the current Eastside Mine <br />Portals. The entire 12 acre proposed disturbance area has been disturbed in <br />varying degrees by construction, extraction, and disposal activities <br />associated with previous mining activity. The area was never reclaimed. <br />However, on the less severely disturbed sites, a vegetation community <br />dominated by sagebrush, rabbitbrush and cheatgrass has become established. <br />Land use prior to any mining activity was undeveloped land supporting some use <br />by mule deer and small mammals. Due to steep topography and limited forage, <br />Harvey Gap Drainage has not in the recent past been grazed by domestic <br />livestock, although some historical use by sheep may have occurred. <br />Reclamation will restore the pre-mining condition of undeveloped land/wildife <br />habitat. <br />Pursuant to Rule 2.07.6(2)(1), the post-mining land use of undeveloped <br />land/wildlife habitat proposed by the applicant is approved by the Division. <br />Undeveloped land/wildlife habitat will meet the requirements of Rule 4.16. <br />III. Cultural and Historic Resources - -Rules 2.04.4 and 2.05.6(4) <br />Pursuant to Rule 2.07.6(2}(e), and on the basis of information provided by the <br />State Historic Preservation Office (see Appendix D of the application), the <br />Division finds that the proposed mining operation will not adversely affect <br />any publicly owned park or place listed on the National Register of Historic <br />Places. The site of the proposed surface facilities at Eastside has been <br />previously disturbed by coal mining, beginning in the late 1800's. <br />The proposed operation is in compliance with the requirements of this section. <br />