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. +r -7- Small scale mining began in the Harvey Gap region in the late 1800'5 and continued through the 1970'5. Prior activity at the Eastside Mine resulted in extraction extending approximately 100 feet in from the outcrop of the E seam. The entire 12 acre area to be disturbed by the proposed surface facilities has been disturbed in varying degrees by previous mining activity. Of the 12 acres of proposed surface disturbance, approximately 3 acres will be utilized for refuse disposal on the west side of Harvey Gap Drainage. The remainder of the disturbance, including portal area, coal storage and office facilities will be located on the east side of the drainage. Prior to redisturbance, remaining soil will be salvaged from the proposed refuse and office-shop areas. These sites were less severely disturbed than the remainder of the area. Sufficient soil will be stripped and stockpiled to provide a minimum replacement depth of two feet on the refuse pile and 6 inches in other disturbed-areas. Sediment and drainage control will consist of diversion ditches and sediment ponds at the refuse area and the mine portal-yard area. Sediment control for the 3 acre office-shop area will be achieved by vegetation, gravel surfacing and filter fabric dams. Upon cessation of mining, final reclamation will entail facilities removal, portal sealing and backfilling and regrading of the mine bench and face up area to a stable configuration. The regraded area and refuse pile will be topdressed and revegetated, and the site will be restored to support the pre-mining use of wildlife habitat. I. Legal, Financial and Compliance Information -- Rule 2.03 The legal, financial and compliance information sections of the permit application can be found on pages 1 through 11. Pursuant to Rule 2.01.6(2)(9), and on the basis of evidence submitted by the applicant, the Division finds that Eastside Coal Company does not own or control any operations which are currently in violation of any law, rule, or provision of the Surface Mining Control and Reccamation Act (P .L. 95-87) or the Colorado Surface Coal Mining Reclamation Act (CRS 34-33-101 et seq., 1973 as amended). Pursuant to Rule 2.07.6(2)(h), the Division finds that Eastside Coal Company does not own or 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 provisions of the Act. Two Notices of Violation were issued by the Division to Eastside Coal Company for operations at the Harvey Gap Exploration project in 1983. Both violations have been terminated and civil penalties have been paid. A description of the violations is provided on pages 6 and 7 of the application.