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-10- <br />Pursuant to Rule 2. 07.6(2)(g) and on the basis of evidence sulxnitted <br />by the applicant, the Division finds that Colowyo Coal Company does <br />not own or control any operations which are currently in violation of <br />any law, rule, or regulation, or any provision of the Surface Mining <br />Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act. <br />Pursuant to Rule 2.07.6(2)(h) the Division finds that Colowyo Coal <br />Company does not control and has:not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such <br />nature, duration, and with such resulting irreparable damage to the <br />environment as to indicate an intent not to comply with the provisions <br />of the Act. <br />For this operation, private mineral estate has not been severed from <br />private surface estate. The surface owners are Coloc~yo (96~) and the <br />United States Government (40), The coal to be mined during the permit _ _ <br />term is from Federal Coal Leases D-034365 and C-35874. Therefore, the documentation <br />specified by 2.03.6(2) is not required and the finding required by <br />Rule 2.07.6(2)(f) is not applicable to this application. <br />The operation is in compliance with the requirements addressed in this <br />section. <br />