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Pursuant to Rule 2.07.6(2)(h), the Division finds that Kaiser Steel <br />Resources does not control and has not controlled mining operations with <br />a demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparable damage to the environment <br />as to indicate an intent not to comply with the provisions of the Act. <br />The proposed operation is in compliance with the requirements of this <br />section. <br />II. Land Use - Rules 2.04.3, 2.05.5, and 4.16 <br />The premining land use in the <br />rangeland, pasture land and wi <br />approved by the Division, U.S. <br />changed approximately 50 acres <br />pasture land. The operator ha <br />pasture, the Barren Ridge Area <br />to wildlife habitat. Surface <br />area of the Chimney Rock Mine included <br />ldlife habitat (Map 2 of PR-04). TR-21, <br />F.S., BLM and the DOW on December 4, 1990 <br />of privately owned land from rangeland to <br />s reclaimed the East Pit Area to dryland <br />to rangeland, and the Federal Lease Area <br />landowners have indicated agreement with <br />the proposed land uses. Pursuant to Rule 2.07.6(2)(1), the Division <br />approves the proposed post-mining land uses in accordance with the <br />requirements of Rule 4.16. <br />The proposed operation is in compliance with the requirements of this <br />section. <br />III. Cultural and Historic Resources - Rules 2.04.4 and 2.05.6(4) <br />The permittee has submitted a site-specific literature search of the <br />permitted area. The literature search was performed by the Colorado <br />State Historic Preservation Office.. Based on this report, other <br />information contained in the application, and comments received from the <br />Colorado Historical Society, the Division finds that neither the <br />permitted mining operation or the Federal Lease proposed operation will <br />adversely affect any publicly owned park or place listed don the National <br />Register of Historic Places (2.06.5(2)(e>>. <br />In addition to a literature search by the Colorado State Historic <br />Preservation Officer (Exhibit 21 of Permit C-81-023), a complete <br />archaeological survey of the Federal Leas Area was performed (Federal <br />Lease permit revision application Exhibit 38, pages 55-1 through 55-17). <br />Several sites were recommenced for further testing, all sites have now <br />been cleared. BLM's "no effect" determination letter of December 7, 1982 <br />from Marlyn V. Jones, BLM Montrose District Manager to Mr. Arthur <br />Townsend SHPO; december 17, 1982 letter from Mr. Townsend SHPO to <br />Marlyn V. Jones, Montrose 8LM is located in Appendix C of the December, <br />1983 findings document). <br />The existing and proposed operations are in compliance with the <br />requirements of this section. <br />-5- <br />