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Appropriate State and Federal agencies were contacted through the 510c <br />procedures and responses from those agencies allowed the Division to make <br />the two findings listed above. <br />Pursuant to Rule 2.07.6(2)(f), the Division has determined that proposed <br />operations will not involve surface mining of coal and as such the <br />documentation required by Rule 2.03.6(2) does not apply. Legal, <br />financial and compliance information is presented on pages 2.03-1 through <br />2.03-41 of the application. With the inclusion of Stipulation No. 1, the <br />permit application is in compliance with the requirements of this section. <br />The applicant has documentation of legal right of entry for all portions <br />of the proposed permit area which would potentially be affected except <br />for lands in the North 1/2 of Section 10, T4N, R86W and the SW 1/4 SW 1/4 <br />Section 33, T6N, R86W. No mine related activities are proposed for these <br />areas during the first 5 year permit term. The following stipulation is <br />included to insure that right of entry is obtained prior to approval of <br />mining related activities. <br />STIPULATION N0. 1 <br />PRIOR TO APPROVAL OF ANY MINING RELATED ACTIVITIES WHICH WOULD <br />POTENTIALLY AFFECT LANDS IN THE NORTH 1/2 OF SECTION 10, T5N, R86W OR THE <br />SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 of SECTION 33, T6N, R86W (THROUGH <br />FUTURE PERMIT REVISION OR RENEWAL) THE PERMITTEE WILL SUBMIT ACCEPTABLE <br />RIGHT OF ENTRY INFORMATION TO THE DIVISION. <br />II. Land Use - Rules 2.04.3, 2.05.5 and 4.16 <br />Pre-mine land use information is presented on pages 2.04-1 through <br />2.04-10 and Map No. 3 of the application. Post-mine land uses are <br />discussed on page 2.05-80 and are consistent with the identified pre-mine <br />land uses. <br />Existing disturbed areas along Foidel Creek supported cropland (dryland <br />small grains) prior to disturbance. Similar croplands occupy <br />approximately 60% of the proposed permit area. Approximately 10 acres of <br />reclaimed pastureland (previously surface mined by Colorado Yampa Coal <br />Company at Energy Mine No. 2) will be disturbed by construction <br />associated with the Fish Creek Borehole/Shaft Area. Lands mapped as <br />pastureland by the applicant encompass approximately 25% of the proposed <br />permit area. The remainder of the proposed permit area is mapped as <br />rangeland. Proposed mining related disturbances are limited to cropland <br />and pastureland and the revegetation plan and revegetation success <br />standards are directed towards restoring these land uses. <br />One inconsistency was noted with respect to the applicant's <br />characterization of pre-mine land uses within the proposed permit area. <br />The steep rocky slopes formed by the 7wentymile Sandstone outcrop and <br />associated colluvium to the north of Foidel Creek in the southern portion <br />-lo- <br />