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~' <br />Pursuant to Rule 2.07.6(2)(h), the Division finds that Henry L. and Opal <br />Weaver do not control and have not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration <br />and with such resulting irreparable damage to the environment as to indicate <br />an intent not to comply with the provisions of the Act. <br />The operation is in compliance with the requirements of this section. <br />II. Land Use - Rules 2.04.3, 2.05.5 and 4.16 <br />Information regarding land use can be found on pages 6 and 7 of the permit <br />renewal application. The pre-mining land use at the O.C. Mine No. 2 site was <br />grazing and wildlife habitat. The adjacent land use is also grazing and <br />wildlife habitat, as shown on page 15b of the application. As the post-mining <br />land use, the operator proposes to reclaim the mine site to grazing and <br />wildlife habitat. <br />Pursuant to Rule 2.07.6(2)(1), the Division finds that all requirements of <br />4.16 are met by the applicant and approves the post-mining land use of grazing <br />and wildlife habitat. <br />The operation is in compliance with the requirements of this section. <br />III. Cultural and Historic Resources - Rules 2.04,4, 2.05.6(4) and 2.07.6(2)(e) <br />Information concerning cultural and historic resources can be found on page 7 <br />of the permit renewal application and in a U.S. Geological Survey (USGS) <br />report included as Exhibit 7. <br />The USGS report concluded that there are no known archeaological values on or <br />near the lands to be affected. The report further states that there may be <br />some remnants of past mining operations which are of historic interest, but <br />these are probably of little importance since they are highly deteriorated and <br />beyond preservation. None of these sites will be affected by the mining <br />operation. <br />Because all surface disturbing activities have taken place, no survey for <br />cultural resources is required. If future expansion of operations with <br />associated surface disturbance is requested, a cultural resource inventory of <br />these areas will be required prior to .approval. In order to comply with the <br />requirements of this section, the following stipulation is necessary: <br />STIPULATION N0. 1 <br />~ .. <br />IF, DURING THE COURSE OF MINING OPERATIONS, PREVIOUSLY UNIDENTIFIED CULTURAL <br />RESOURCES ARE DISCOVERED, THE PERMITTEE SHALL ENSURE THAT THE SITE(S) IS NOT <br />DISTURBED AND SHALL NOTIFY THE REGULATORY AUTHORITY. THE OPERATOR SHALL <br />ENSURE THAT THE RESOURCE(S) IS PROPERLY EVALUATED IN TERMS OF NATIONAL <br />-7- <br />