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National King Coal also obtained a letter, dated March 4, 1980, from the State Historic <br />Preservation Officer pertaining to a the 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, and again on March 12, 1998. <br />Additionally, a CASA Cultural Resources survey was performed in 1994 and the <br />recommendations were the same 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 park <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 sepazation of mineral estate to be mined from the surface ownership, <br />the King Coal Mine is not a surface coal mining operation nor aze 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)(t) and 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 Virgina, but is in the process of correcting such violation (2.07.6(2)(g)(I)). A <br />settlement agreement is currently in place, therefore, the following stipulation is <br />warranted: <br />STIPULATION 14 <br />AS SOON AS POSSIBLE, THE DIRECTORS OF NATIONAL KING COAL, LLC, <br />WILL SUBMIT INFORMATION THAT INDICATES APPLICANT VIOLATOR <br />SYSTEM (AVS) PROBLEM ASSOCIATED WITH COAL MINE PERMIT U400988T <br />IN WEST VIRGINA HAS BEEN RESOLVED. <br />Status: Stipulation 14 was resolved and complied with as a result of an AVS check on <br />August 15, 1998. <br />8. The operator does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with <br />such resulting irreparable 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 azeas adjacent to the permit area (2.07.6(2)(I)). <br />11 <br />