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has been made by the Secretary of the C.S. Department of Agriculture <br />(2.07.61-')(d)IiiU1D111 <br />CI One hundred Icet of the outside right-of=tvay line ufany public road except tahrrc <br />mine access ur haul roads join such line, and excepting any roads tilt which the <br />necessary approvals h:+ve been received, notices published, public hearing <br />opp+xtunitirs provided, and written findings made f2.07.6(2)IdlUvl): <br />hI Three hundred Ices ufnn occupied dtaclling unless a written waiver liom the <br />owner hats bccn provided 12.U7.612)(dlh'll• <br />>. (ht the basis of intimmatiun suhmiucd by Eincr~ry fuels Mining Company in the form of a <br />letter thin The (~ulorado f l+s[urical Society the Division finds that suitjrct to valid <br />existing rights as of August ?. 1977, the reclamation operation will not adversely aflitit <br />any publicly owned park ur place listed un ur eligible fix listing in the Vationa{ Register <br />of historic Places ats determined by the Slate Historic Preservation Odice <br />(2.(1Z61211c1(I)1. <br />6. Fur this underground mining operation the ducuntrntation s(xcificti by Rule 2.03.6(2), <br />whether private mineral estate has bccn severed Irom private suri:+ce estate. is not <br />requital (2.(17.61211111. <br />7. On the basis ul'rvidenre submittal by the applicant and received ITUnI other state and <br />fedcrd agencies ns a result ul the Section i4-33-I 14(31 cumpliancz rrvictc required by <br />the Colorado SurC+rr ('oat dining Reclamation Act, Utc Division finds that Einergy furls <br />dining Campanv dues not utvn ur control any upen+tiuns which arc currently in violation <br />many late, rule, ar regulation of the United States, or any State low. rule, ur regulation, ur <br />any provision of the Surface Mining Control and Reclamation :1ct or the C'olurado <br />Surface ('oat Mining Reclamation .4et. 'T'he Applicant Violator system was queried on <br />March 26, ZU02 and fcbn+ary 24, 2(1U3. Previous and System Rrcommcndations on both <br />occasions wcrr'tssur'. 12.U7.6('_Ilgl(I)I. <br />S. lhr applicant dots nut control and has not controlled mining operabuns with a <br />dcmonstr.+trd pattern uC willful violations of the ;\ct of such nature, duration, rind with <br />such resultine irreparable damage to the rnvirunmatt ac to indicate an intent not to <br />comply with the pruvtsions of the Art (2.117.6(211h1). <br />9. The Division finds that reclamation operntiuns prrli?mtrd under This permit twill nut be <br />inconsistent with other such aperauuns in areas ad)acent to the prmtit area. Redantatiun <br />operations anticipated during the renewal tcnn should consist ul'ntaintrnance and <br />monitoring activities onh• (2.07.61'-NIq. <br />10. Thr l7icisiun has made a negative detemunutiun fur the presence ul'pnnte li+rndand <br />withut the pcmtit area. 1'hc decision was based un a burr t~um S('S That drnumstrttcs <br />