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NKC also obtained a letter, dated Mazch 4, 1980, from the State Historic Preservation Officer <br />pertaining to a file search of their records for the King Coal Mine. No known sites eligible <br />for the National Register of Historic Places were identified. The Colorado State Historical <br />Society updated this finding for the King Coal Mine on December 7, 1993, and again on <br />Mazch 12, 1998. <br />Additionally, a CASA Cultural Resources survey was performed on the King Coal Mine in <br />1994 and the recommendations were the same as those above. <br />NKC obtained a letter, dated August 12, 2005, from the State Historic Preservation Officer <br />pertaining to a file search of their records for the King II Mine. No known sites eligible for <br />the National Register of Historic Places were identified. <br />Additionally, a CASA Cultural Resources survey was performed on the King II Mine in 2005 <br />and the recommendations were the same as those above. <br />On the basis of this information, the Division finds that subject to valid existing rights as of <br />August 3, 1977, the mining operation will not adversely affect any publicly owned pazk or <br />place listed on or eligible for listing in the National Register of Historic Places as determined <br />by the State Historic Preservation Office (2.07.6(2)(e)(I)). <br />6. Although the mineral estate to be mined is sepazated from the surface ownership, the King <br />Coal Mine is not a surface coal mining operation nor are any surface coal mining operations <br />to be conducted on the acreage in question. As a result, the submittal of documentation as <br />required by Rules 2.07.6(2)(f) and 2.03.6(2) is not required. <br />On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that NKC as of June 14, 2006, <br />does not own or control any operations which aze currently in violation of any law, rule, or <br />regulation of the United States, or any State law, rule, or regulation, or any provision of the <br />Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act [2.07.6(2)(g)(i)]. MCC's compliance review information was verified <br />through the use of the Applicant Violator System on February 15, 2006 and June I5, 2006. <br />8. The operator 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 such resulting <br />irreparable damage to the environment as to indicate an intent not to comply with the <br />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 azea (2.07.6(2)(1)). <br />12 <br />