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National Register of Historic Places and therefore required no further work, and, finally, <br />that sites SGF1147 and SGF742 aze eligible for nomination to the NRHP. A mitigation <br />plan for the two eligible sites was developed by the BLM and concurred with by the <br />SHPO on April 11, 1984. The applicant, as part of the special stipulations attached to <br />BLM Right-of--Way Lease Agreement No. COC-36791, committed to performing <br />mitigation measures for azchaeological sites SGF1147 and 5GF742 in accordance with <br />the approved mitigation plan. Mitigation activities were to be performed prior to <br />construction activity in the azea and were to be coordinated by and through the BLM <br />Grand Junction Resource Area Archaeologist. <br />Under the mine plan as revised by TR-16, disturbance is no longer proposed or approved <br />in these locations. Further, BLM terminated Right-of--Way Lease No. COC-36791 by <br />decision dated February 2, 2004. Activities that had been authorized under the lease (coal <br />stockpile, supply yazd, sediment ponds, and a waste coal refuse disposal) were never - <br />initiated, are no longer proposed by the operator, and aze no longer approved by DMG or <br />BLM. <br />Cultural and Historic Resources aze addressed in Section 4.1.5 of the permit application <br />text, in Volume 1, and in Appendix J, of Volume 3. The Volume 1 text includes a <br />commitment to immediately notify the BLM if cultural resources are discovered during <br />operations. The BLM lease termination for COC-36791 is included in Permit Appendix <br />C, Exhibit le, of Volume 3. <br />6. For this surface mining operation, private mineral estate has not been severed from <br />private surface estate; therefore, the documentation specified by Rule 2.03.6(2} is not <br />required (2.07.6(2)(f)). <br />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 Central <br />Appalachia Mining, LLC (CAM) does not own or control any operations which are <br />currently in violation of any law, rule, or regulation of the United States, or any State law, <br />rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act <br />or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />8. Central Appalachia Mining, LLC 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 an <br />intent not to comply 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)(1)). <br />16 <br />