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_11_ <br />FINDINGS <br />COLORADO WESTMORELAND INC. <br />ORCHARD VALLEY MINE <br />LEGAL, FINANCIAL, AND COMPLIANCE INFORMATON (2.03 <br />The legal, financial, and compliance information sections can be found on <br />pages 3-76, of Volume lA. <br />Colorado Westmoreland Inc. has not obtained right of entry for certain surface <br />lands overlying underground coal reserves. Although CWI is entitled to mine <br />the coal, surface owner consent is still required since underground mining <br />could cause subsidence related disturbances to the surface lands. CWI (and <br />MLRD) need right of entry for the purpose of monitoring, inspecting, and <br />repairing any lands affected by subsidence. In addition, right of entry is <br />required for all permitted lands. CWI has right of entry for the land which <br />will be undermined within the first 5-year permit term but does not have entry <br />consent for some areas in later permit terms within the life of mine area. <br />The following stipulation is therefore required: <br />Stipulation No. 1 <br />CWI SHALL SUBMIT RIGHT OF ENTRY INFORMATION TO MLRD FOR ALL SURFACE AFFECTED <br />LANDS WITHIN THE PERMIT AREA PRIOR TO EXTRACTING COAL BENEATH THESE LANDS OR <br />OTHERWISE AFFECTING THEM. <br />On the basis of evidence submitted by the applicant and a compliance status <br />review conducted by the Division, this Division finds that Colorado <br />Westmoreland Inc. does not own or control any operations which are currently <br />in violation of any law, rule, or regulation of the United States, or any <br />State law rule, or regulation, or any provision of the Surface Mining Control <br />and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(9)). <br />Colorado Westmoreland Inc. does not control and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act of <br />such nature, duration, and with such resulting irreparable damage to the <br />environment as to indicate an intent not to comply with the provision of the <br />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 pre-mining land use classifications on the area are: 1) grazing land for <br />domestic livestock and wildlife; 2) orchard land in the area of the loadout <br />facilities; and 3) previius mine disturbances. <br /> <br />