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-14- <br />FINDINGS <br />COLORADO WESTMORELAND INC. <br />ORCHARD VALLEY MINE <br />I. LEGAL, FINANCIAL, NNU COMPLIANCE INFORhiATON (2.03 <br />The legal, financial, and compliance information sections can be found on <br />pages 3-66, Section 2.03 of Volume 8 of the 1981 application and as <br />revised in Section 2.03 of the permit revision. <br />For this operation, private mineral estate has not been severed from <br />private surface estate, therefore, the documentation specified by <br />2.03.67(2) is not required (2.07.6(2)(f)). <br />On the basis of evidence submitted by the applicant, this Division finds <br />that Colorado Westmoreland Inc. does not own or control any operations <br />which 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 of <br />the Surface Mining Control and Reclamation Act or the Colorado Surface <br />Coal Mining Reclamation Act (2.07.6(2)(8)). <br />Colorado Westmoreland Inc. 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 provision <br />of the Act (2.07.6(2)(h)). <br />The proposed operation is in compliance. <br />II. LAND USE (2.04.3, 2.05.5, 4.16) <br />The premining land use classifications on the area were: 1) grazing land <br />for domestic livestock and wildlife; 2) orchard land in the area of the <br />loadout facilities; and 3) previous mine disturbances. A discussion of <br />land uses can be found on pages 3-10 in Section 2.04 of Volume 8 of the <br />1981 application and as amended in Section 2.04.3 of the permit revision <br />application. <br />After mining, Colorado Westmoreland Inc. plans to <br />pre-mining land uses of grazing for livestock and <br />site and orchard land for the loadout facilities. <br />are discussed on pages 103-112 in Section 2.05.5 <br />application. The permit revision will not change <br />post-mining land uses. <br />return the land to the <br />wildlife for the mine <br />Post-mining land uses <br />~f Volume 8A of the 1981 <br />the previously approved <br />