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<br />_11_ <br /> <br />I. Legal, Financial and Compliance Information - Rule 2.03 <br />The Division has reviewed Sections 2.03.5 and 2.03.6 of the application for <br />compliance with the appropriate Rules pertaining to legal, financial and <br />compliance information. <br />Pursuant to Rule 2.07.6(2)(g) and based on evidence supplied by Sundance <br />Coal Company, the Division finds that the applicant does not own or control <br />any operations which are currently in violation of any Saw, rule, or regu- <br />lation of the United States, or any State law, or regulation or any pro- <br />vision of the Surface Mining Control and Reclamation Act or the Colorado <br />Surface Coal Alining Reclamation Act. <br />Pursuant to Rule 2.07.6(2)(h) and based on the information presented by <br />the applicant, and in the Division records, the Division finds that Sundance <br />Coal Company does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparable damage to the environment as <br />to indicate an intent not to comply with the provisions of the Act. <br />The operation is in compliance with the requirements addressed in this section. <br />II. Land Use - Rules 2.04.3, 2.05.5 and 4.16 <br />The site description and land use information can be found in Section 2.09.3 <br />and post-mining information can be found in Section 2.05.5 of Volume 1 of <br />the permit application. <br />The Division hereby approves the proposed post-mining land use for the <br />operation. It was determined that rangeland meets the requirements of <br />Section 9.16. <br />III. Cultural and Historic Resources - Rules 2.04.9 and 2.05.6(9) <br />According to information provided on page 21 of the permit application and <br />from the State Historic Preservation Officer, no cultural and historic <br />resources that are on or determined eligible for the National Register of <br />Historic Places have been identified within the proposed permit area. <br />Pursuant to Rule 2.07.6(2)(e), the Division finds that this mining operation <br />will not adversely affect any publicly owned park or place listed on the <br />National Register of Historic Places. <br />The operation is in compliance with the requirements of this section. <br /> <br />