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<br />I. Legal, Financial, and Compliance Information - Rule 2.03 <br />Information concerning legal, financial and compliance aspects of Enron Coal <br />Company can be found in Chapter B of Volume 1. of the application. <br />The applicant does not own or control any coal mining operations which are <br />currently in violation of any law, rule or regulation of the United States, or <br />any state law, rule or regulation or any provision of the Surface Mining <br />Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation <br />Act, pursuant to Rule 2.01.6(2)(9). <br />Pursuant to Rule 2.07.6(2)(h), the Division finds that Enron Coal Company does <br />not control and has not controlled any mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and with <br />such resulting irreparable damage to the environment as to indicate an intent <br />not to comply with the provisions of the Act. <br />The permittee has submitted the documentation required by Rule 2.03.6(2) for <br />right of entry at the Northern #1 Mine, Rienau No. 2 Mine, and the refuse <br />facilities. <br />The proposed operation is in compliance with the requirements of this section. <br />II. Land Use - Rule 2.04.3, 2.05.5, and 4.16 <br />Land use information can be found in Chapter D of Volume V of the <br />application. Post-mining land use plans are included in Chapter M of <br />Yolume VII. <br />The proposed post-mining land use for the areas affected by mining is grazing <br />for livestock and wildlife habitat. These uses are currently being achieved <br />at this stage of reclamation. The Division approves the post-mining land uses <br />of livestock grazing 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 and 2.05.6(4) <br />Information on cultural and historic resources is found in Chapter E of <br />Volume III of the permit application. <br />The Division makes the finding pursuant to Rule 2.07.6(2)(e) that the proposed <br />operation will not adversely affect any place listed on the National Register <br />of Historic Places. Since the operation has been reclaimed, no additional <br />areas are to be affected, therefore there is no potential for additional <br />impacts to cultural and historic resources. <br />The proposed operation is in compliance with the requirements of this section. <br />-6- <br />