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-3- FINDINGS [JYOMING FUEL COMPANY CANADIAN STRIP MINE I. Legal, Financial, and Compliance Information (2.03) For .this operation, private mineral estate has not been severed from private surface estate. Therefore, the documentation specified by 2.03.6(2) is not required (2.D7.6(2)(f)). On the basis of evidence submitted by the applicant, the Division finds that Wyoming Fuel Company does not own or control any operations which are currently in violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)). Wyoming Fuel Company does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act (2.07.6(2)(h)). Information on legal aspects and compliance of the Wyoming Fuel Company operation can be found in Volume I, pages 1-13. The proposed operation is in compliance. II. Land Use (2.04.3, 2.05.5, 9.16) The primary land use at the Canadian Strip mine site was wildlife habitat and rangeland for cattle grazing prior to mining operations. The reclamation plan pro- posed by Wyoming Fuel Company is intended to return the land to equal or better utility for these uses. Detailed description of the pre-mining land uses is contained in Appendix A of Volume I. After mining and during the bonding period, Wyoming Fuel Company proposes to pursue BLP1 management objectives on the reclaimed surfaces. After bond release, management of the Land and all uses will revert to BLM control. A description of the post-mining land uses and measures taken to preserve the land for these uses is contained on pages 67-68 of Volume I. These sections were reviewed by the Division and it was determined that rangeland and wildlife habitat meet the requirements of 4.16. The application is in compliance with all sections. III. Cultural and Historic Resources (2.04.9, 2.05.6(4), 2.07.6(2)(e)) Several cultural resource inventories have been conducted on lands included within the Canadian Strip mine plan. The first, by Pioneer Archaeological Consultants, who located one isolated find, four localities and four sites as well as noting the presence of one isolated find and two sites recorded by a previous survey. Two of the sites, 5 JA411 (lithic scatter) and 5 JA163 (Zithic scatter), were located in the vicinity of an existing mine access haul road (B LM right-of-way) and were pre- viously protected by stipulated avoidance. Both sites were recommended as being eligible by Pioneer. However, a later reinvestigation of site 5 JA163 has questioned its eligibility status.