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survey of cultural resources was performed by Jamie A. Kazlson, Staff Archaeologist, Fort <br />Lewis College. This survey did not identify any cultural resources eligible for the National <br />Register of Historic Places. <br />National King Coal also obtained a letter, dated Mazch 4, 1980, from the State Historic <br />Preservation Officer pertaining to a file search of their records. No known sites eligible for <br />the National Register of Historic Places were identified. The Colorado State Historical <br />Society updated this fmding on December 7, 1993, and again on Mazch 12, 1998. A final <br />letter from the Colorado Historical Society on January 3, 2000, states: "that there will be no <br />effect to cultural resources". <br />Additionally, a CASA Cultural Resources survey was performed in 1994 and the <br />recommendations were the same as those above. <br />On the basis of this information, the Division finds that subject to valid existing rights as of <br />Aub st 3, 1977, the mining operation will not adversely affect any publicly owned pazk or <br />place listed on or eligible for listing in the National Register of Historic Places as determined <br />by the State Historic Preservation Office (2.07.6(2)(e)(I)). <br />6. Although there is a separation ofmineral estate to be mined from the surface ownership, the <br />King Coal Mine is not a surface coal mining operation nor aze any surface coal mining <br />operations to be conducted on the acreage in question. As a result, the submittal of <br />documentation as required by Rules 2.07.6(2)(f) and 2.03.6(2) is not required. <br />On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that National King Coal, Inc. does <br />not own or control any operations which aze currently in violation of any law, rule, or <br />regulation of the United States, or any State law, rule, or regulation, or any provision of the <br />Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act (2.07.6(2)(g)(i)). <br />8. The operator does not control and has not controlled mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and with such resulting <br />irrepazable damage to the environment as to indicate an intent not to comply with the <br />provisions of the Act (2.07.6(2)(h)). <br />9. The Division fmds that surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit azea (2.07.6(2)(I)). <br />10. The Division has in possession a Letter of Credit #444, and a certificate of deposit from the <br />First National Bank of Durango in the amount of $175,000. The bond amount currently <br />exceeds the Division's projection of reclamation costs for worst-case disturbance which will <br />occur during the proposed permit term (2.07.6.(2)(j)). <br />10 <br />