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Pursuant to Rule 2,07,6(2)(8), the Division finds that the applicant does not <br />own or control any operations which are currently in violation of any law, - <br />rule, or regulation of the United States, or any State law, rule, or <br />regulation enacted pursuant to Federal law, pertaining to air or water <br />environmental protection or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. <br />Pursuant to Rule 2.07.6(2)(h), the Division finds that the applicant does not <br />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 />Appropriate State and Federal agencies were contacted through the 510c <br />procedures and responses from those agencies allowed the Division to make the <br />two findings listed above. <br />This section is in compliance for Eagle No. 5, 5A and 6 Mines. <br />II, land Use - Rules 2.04.3, 2.05,5 and 4.16 <br />Information on land use is found in Sections 2.04.3 (pages 2.04.3-1 and <br />4.01-31 ). Map 3 of the application describes the pre-mining land uses. Map <br />Z9 of the application shows the proposed post-mining land uses. <br />Pre-mining land uses within the disturbed area were rangeland/wildlife habitat <br />and cropland which included dryland wheat fields and hayfields. The Eagle <br />Mines are located in a historic mining district and thus some of the surface <br />disturbance is previously mined land. Specifically, as shown on Map 4 of the <br />ppermit revision application, the No. 5A and 6 portal area, ponds 5A-P2 and <br />P3, the temporary office, the crusher site, and the temporary shop were <br />originally disturbed for surface mining activities and redisturbed for use in <br />the Eagle Mines. The coal processing waste pile is partially located on an <br />old gravel pit and was redisturbed by Empire Energy Corporation. The Williams <br />Fork Strip Pit was mined in the mid-seventies, is currently bonded and <br />included in this proposed decision. It is to be reclaimed in 1987. Ail <br />remaining disturbed lands within the surface disturbance boundary were <br />originally disturbed for the development of the Eagle Mines. <br />Empire Energy Corporation is proposing to return all lands to the original <br />land uses of rangeland/wildlife habitat and cropland. Because some of the <br />lands were disturbed prior to current laws and standards, they are considered <br />previously mined areas. Therefore reclamation success standards for those <br />areas have been adjusted as required by Rule 4.15.10. The Division finds that <br />achievement of the proposed post-mining land use on previously mined areas <br />will restore those areas to conditions that are capable of supporting a higher <br />use. , <br />Based on the information in the reclamation plan, including backfilling and <br />regrading, topsoiiing and revegetation, the applicant has demonstrated that <br />ail areas affected by surface coal mining operations can be restored to <br />conditions that are capable of supporting the proposed uses. <br />-13- <br />