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<br />r <br />FINDINGS <br />ARCO COAL COMPANY <br />M_T. GUNNISON NO. 1 C12NE <br />Z. Legal, Financial and Compliance Information (2.03 <br />For this operation, private mineral estate has not been severed from <br />private surface estate, therefore the documentation specified by 2.03.6(2) <br />is not required. (2.07.6(2)(f)). <br />On the basis of evidence submitted by the applicant, this Division finds <br />that ARCO Coal Company does not~own or control any operations which are <br />currently in violation of any law, rule, or regulation of the United States, <br />or any State late, rule, or regulation, or any provision of the Surface <br />~~tining-Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act. (2.07.6(2)(g)). <br />ARCO Coal Company does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparable damage to the environment as <br />to indicate an intent not to comply with the provisions of the Act. (2.07.6(2)(h)). <br />The proposed operation is in compliance. <br />II. Land Use (2.04,3, 2.05.5, 4.1 <br />The Division hereby approves the post mining land use of the proposed <br />operation. It was determined that rangeland and wildlife habitat met the re- <br />cuirements of Section 4.16. (2.07.6(2)(1)). <br />III. Cultural and Historic Resources (2.04.4, 2.05.6(4)) <br />On the basis of evidence submitted by ARCO Coal Company in the form of a letter <br />from the State Historical Society of Colorado on page 2-366 of the permit appli- <br />cation, the Division finds that the proposed mining operation will not adversely <br />affect any publicly owned park or place listed on the National Register of <br />Historic Places. (2.07.6(2)(e)). <br />Although not required by Colorado regulations, raithin the Federal Regulations <br />there is a further consideration of "cultural or historic resources eligible <br />for Listing on the National Register of Historic Places". For information con- <br />cerning this Federal requirement, please refer to the Cultural Resources section <br />..- -_- _.c.5'. --~._._..al .~:d _.,._ro.^.-ental :~ar,ais for the :dt. Gunniscn =1 31ine. <br />Iv. Geo_ocu (?.04.5 and 2.04.6(2)) <br />The geologu sections of the permit application, found on pages 2-219 to 2-246 <br />of volume 1 and in the additional oeologu exhibits volume, have been reviewed <br />--.~ .._ rs_cn for co-:^__a.:ce. <br />