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-to- <br />Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation <br />Act pursuant to Rule 2.07.6(2)(9). The Division finds that Chimney Rock Coal <br />does not control and has not controlled mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and with <br />such resulting irreparable damage to the environment to indicate an intent not <br />to comply with the provisions of the Act pursuant to Rule 2.07.6(2)(h). <br />In order to ensure that a current, concise, and accurate permit application <br />document is available to the Division and public it is stipulated: <br />Stipulation No. 1 <br />PRIOR TO PERMIT ISSUANCE THE APPLICANT SHALL UPDATE, INCORPORATE, AND REWRITE <br />THE PERMIT APPLICATION TO REFLECT ALL CHANGES AND MODIFICATIONS MADE DURING <br />THE REVIEW PERIOD. THE DIVISION SHALL BE PROVIDED WITH FOUR COPIES OF THE <br />REVISED DOCUMENT. THE FEDERAL OFFICE OF SURFACE MINING SHALL BE PROVIDED WITH <br />SEVEN COPIES. <br />The applicant is in compliance with the requirements of section. <br />II. Land Use -Rules 2.04.3, 2.05.5, and 4.16 <br />The pre-mining land use on the Permit Revision No. 2 area is classified as <br />rangeland and wildlife habitat. <br />Chimney Rock Coal will reclaim the proposed disturbed areas in the Permit <br />Revision No. 2 area to rangeland and wildlife habitat. The Division finds <br />that the applicant does not plan to change the post-mining land use from the <br />identified pre-mining land use. The Division hereby approves the post-mining <br />land use of rangeland/wildlife habitat for the Permit Revision No. 2 area in <br />accordance with Rule 2.07.6(2)(1). <br />The applicant is in compliance with the requirements of this section. <br />III. Cultural and Historic Resources -Rules 2.04.4 and 2.05.6(4) <br />The applicant has submitted two site-specific archaeological surveys of the <br />proposed permit area. The surveys were performed by La Plata Archaeological <br />Consultants (Exhibit 6R2, and submittal of April 12, 1985). Based on these <br />reports, and other information contained in the application, tfie Division <br />finds, in accordance with Rule 2.06.5(2)(e), the proposed mining operations <br />will not adversely affect any publicly owned park or place listed on the <br />National Register of Historic Places. <br />The first survey was conducted in conjunction with the requirements of Federal <br />Coal Lease C - 34886 and encompassed all lands within the lease boundaries <br />with a federal interest. This survey included all areas to be mined within <br />the Permit Revision No. 2 area. The second survey was conducted on the Forest <br />Service Special Use area (E 3/4 SW 1/4 SW 1/4 Sec. 29, T34N, R4W, N.M.P.M.). <br />