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<br />Pursuant to Rule 2.07.6 (2 )(h ), the Division finds that the applicant does not <br />control and has not controlled any 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, as to indicate an intent <br />not to comply with the provisions of the Act. <br />The applicant is in compliance with this section of the Regulations. <br />II. Land Use, Rules 2.04.3, 2.05.5 and 4.16 <br />The mine permit application consists of two separate areas of land use; the <br />mine area and the tie-across haul road. Each is addressed separately. <br />The predominant pre-mining land use on the proposed coal mining area is <br />classified as rangeland/grazing for domestic livestock and wildlife. <br />Secondary uses consist of a small industrial area (one active oil well) and <br />minor water resources (three stock ponds). The tie-across haul road <br />pre~nining land use is classified as cropland and rangeland with the western <br />end classified as industrial due to the Hayden Gulch coal loading facility. <br />The cropland is non-irrigated and represents an insignificant portion of the <br />total farming unit (0.2%). These uses are depicted on Exhibit 4.1 and <br />described in Volume I, Tab 4. After mining, the applicant plans to return the <br />land to rangeland/grazing for domestic livestock and wildlife. This is <br />compatible with the adjacent lands which are predominately rangeland and <br />wildlife habitat. Post-mining land use is discussed in Volume IX, Tab 13 of <br />the application. <br />The applicant has contacted the legal or equitable owners of record of the <br />surface of the proposed permit area and the State and local government <br />agencies which would have to initiate, implement, approve or authorize the <br />proposed use of the land following reclamation. The contacts were made by <br />certified mail in order to solicit any concerns or comments for the proposed <br />post~nining land use plan (Tab 13) as required by Rule 2.05.5 (1 )(b ). To date <br />no objections to the proposed post-mining land use have been received. The <br />applicant does need to include all comments received into the permit <br />application. Therefore, the following stipulation is required: <br />Stipulation No. 1 <br />WITHIN 30 DAYS OF ISSUANCE OF THE PROPOSED DECISION FOR THE SENECA II-W <br />MINE, THE APPLICANT MUST UPDATE THE POST-MINING LAND USE DESCRIPTION <br />PORTION OF THE PERMIT APPLICATION TO INCLUDE COMMENTS RECEIVED CONCERNING <br />THE PROPOSED USE BY THE LEGAL AND EQUITABLE OWNERS OF RECORD AS WELL AS <br />THE APPROPRIATE STATE AND LOCAL AGENCIES WHICH WOULD HAVE TO INITIATE, <br />IMPLEMENT, APPROVE, OR AUTHORIZE THE PROPOSED USE OF THE LAND FOLLOWING <br />RECLAMATION. <br />_12_ <br />