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-10- <br />FINDINGS <br />WEST ELK SAL Gt"k~ANY <br />MT. GUNNISON N0. 1 NIINE <br />I. Legal, Financial and Compliance Information (2.03) <br />For this operation, private mineral estate has not been severed from <br />private surface estate, therefore the documentation specified by <br />2.03.6(2) is not required. (2.07.6(2)(f)). <br />On the basis of evidence submitted by the applicant, the Division finds <br />that West Elk Coal Company does not own or control any operations which <br />are currently in violation of any law, rule, or regulation of the <br />United States, or any State law, rule, or regulation, or any provision <br />of the Surface Mining Control and Reclamation Act or the Colorado <br />Surface Coal Mining Reclamation Act. (2.07.6(2)(9)). <br />West Elk Coal Cong~any does not control and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act <br />of such nature, duration, and with such resulting irreparable damage to <br />the environment as to indicate an intent not to comply with the <br />provisions of the Act. (2.07.6(2)(h)). <br />The operation is in compliance. <br />II. Land Use (2.04.3, 2.05.5, 4.16) <br />The Division hereby approves the post-mining land use of the <br />operation. It was determined that rangeland and wildlife habitat met <br />the requirements of Section 4.16 (2.07.6(2)(1)) for the permit area and <br />the area of the proposed waste pile. <br />III. Cultural and Historic Resources (2.04.4, 2.05.6(4)) <br />On the basis of evidence submitted by West Elk Coal Company in the form <br />of a letter from the State Historical Society of Colorado on page 2-366 <br />of the permit application, the Division finds that the mining operation <br />will not adversely affect any publicly owned park or place listed on <br />the National Register of Historic Places. (2.07.6(2)(e)). The above <br />letter was issued based on a study area which included the are of the <br />proposed waste pile. <br />