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-11- . <br />this operation. Therefore, the rJocumentation required by Rule 2.03.6(2) <br />is not required and the written finding required by Rule 2.01.6(2)(f) is <br />not applicable. <br />On the basis of information provided on page 3-90 of the permit <br />application, Peabody Coal Company has been issued several Notices of <br />Violation by the Office of Surface Mininy in violation of the Surface <br />Mining Control and Reclamation Act. The N.O. V. 's are being resolved by <br />the company and the required abatements will lye performed. There are no <br />outstandiny violations in Colorado, and tl~e operator is not in violation <br />of any law, rule, or regulation enacted pursuant to tfre Coloraro Surface <br />Coal Mininy Iteclarnatiorr Act. <br />Peabody Coal Company 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. The operation is in compliance with Rule <br />'2.07.6(2)(h). <br />II. Land Use - Rules 2.04.3, 2.05.5 and 4.16 <br />Information pertaining to land use in the area can be found tin Vol. 1, <br />Tab 4 and Vol. 4 Tab 13. <br />Historic and current land uses within the Nucla Kline permit area are: <br />cropland, rangeland, and mining. The cropland was irrigated in the past, <br />but it has since been abaridonded and is in poor condition. The adjacent <br />land uses are ranchiny and previously mined land. <br />Post-mininy, the applicant is <br />pasture and rangeland pasture <br />areas. The dryland pasture t <br />restore the grazing potential <br />compatible with adjacent land <br />or better use than pre-mining <br />planning to restore ttre land to dryland <br />with the capability fur irrigation in some <br />/pe replaces the abandonded cropland to <br />of the land. This land use change is <br />uses and will restore the land to a higher <br />Comments have been received from the landowners of the areas which have <br />not yet been reclaimed. These co~n~nents can be found in Section 13 of the <br />permit application. <br />