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-8- FINDINGS WEST ELK COAL COMPANY MT. GUNNISON N0. 1 MINE I. Legal, Financial and Compliance Information (2.03) For this operation, private mineral estate has not been severed from private surface estate, therefore the documentation specified by 2.03.6(2) is not required. (2.07.6(2 )(f )). On the basis of evidence submitted by the applicant, this Division finds that West Elk Coal Company does not own or control any operations which are currently in violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. (2.07.6(2)(9)). West Elk Coal Company does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act. (2.07.6(2)(h)). The proposed operation is in compliance. II. Land Use (2.04.3, 2.05.5, 4.16) The Division hereby approves the postmining land use of the proposed operation. It was determined that rangeland and wildlife habitat met the requirements of Section 4.16 (2.07.6(2)(1)). III. Cultural and Historic Resources (2.04.4, 2.05.6(4)) On the basis of evidence submitted by West Elk Coal Company in the form of a letter from the State Historical Society of Colorado on page 2-366 of the permit application, the Division finds that the proposed mining operation will not adversely affect any publicly owned park or place listed on the National Register of Historic Places. (2.07.6(2)(e)). IV. Geology [2.04.5 and 2.04.6(2)] The geology sections of the permit application, found on pages 2-219 to 2-246 of Volume 1 and in the additional geology exhibits volume, have been reviewed by the Division for compliance. The application is in compliance with the requirements of this section.