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I. Legal, Financial and Compliance Information (2.03, 2.07.6(2)(f), 2.07.6(2)(g), 2.07.6 (21(h)) The private mineral estate will not be severed from the surface estate by this operation. Therefore, the documentation required by Rule 2.03.6(2) is not required and the written finding required by Rule 2.07.6(2)(f) is not applicable. Based on information submitted on page I, Section 2.03.5 of the permit appli- cation, the Division has made a determination that National King Coal, Inc. 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 enacted pursuant to Federal law, rule or regulation pertaining to air or water environmental protection, or of any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclama- tion Act (2.07.6(2) (g)). National King Coal, Inc. 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 to indicate an intent not to comply with the provisions of the Act (2.07.6(2)(h)). II. Land Use (2.09.3, 2.05.5, 4.16) Historically, Hay Gulch and the surrounding uplands have been used primarily for rangeland (grazing), with a secondary use of wildlife habitat. Information concerning Land use can be found in Sections 2.04.3, 2.04.10 and 2.05.5 of the permit application. National King Coal is proposing to return the disturbed area to a primary use of rangeland with a secondary use as wildlife habitat. The applicant is not proposing any alternative land use, but to restore the area to it's pre-mining use. The Division approves the proposed post-mining land use and finds that by utilizing the approved seed mix, rangeland vegetation should be established, and this meets the requirements of Section 4.16 (2.07.6(2)(1)). The proposed operation is in compliance. III. Cultural and Historic Resources (2.04.4, 2.05.6(4)) The applicant has submitted a report by Jamie A. xarlson, Staff Archaeologist, Fort Lewis College. The report consisted of a site-specific literature search supplemented by an on-site inspection by an archaeologist. Based on this report, other information in the application (see Section 2.04.4 of the permit applica- tion), and information received from the State Historic Preservation Officer, 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)). The proposed operation is in compliance.