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-13- <br />N.O.V. 82-13 was issued for coal stockpiled within 100 feet of Highway <br />133, which appeared to constitute a hazard to the public. The N.O.V. was <br />vacated on June 8, 1982, with the understanding that prior to stockpiling <br />of coal immediately adjacent to the highway, WSC would demonstrate that <br />the health and safety of the public is adequately protected. <br />N.O.V. 82-14 was issued for failure to maintain the sediment control <br />system at the mine. Abatement was accomplished by April 30, 1982. <br />Pursuant to Rule 2,07,6(2)(h), the Division finds that Western Slope <br />Carbon does not own or control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such <br />nature, duration, and with such resulting irreparable damage to the <br />environment so as to indicate an intent not to comply with the provisions <br />of the Act. <br />However, Hawk's {Jest Mine's compliance record will be carefully monitored <br />over the upcoming permit term. If the record does not reflect <br />improvement, the permittee should be aware that future permit approvals <br />could be jeopardized. <br />The operation does not involve surface coal mining activities. <br />Therefore, the documentation specified by kule 2.03.6(2] is not required <br />(see Rule 2.U7.6(2)(g)). Coal to be mined during the permit term is in <br />Federal Leases C-27103, D-042921, U-056724 and C-17130, and U.S. Steel <br />fee coal leased to WSC. Surface owners of lands within the permit area <br />include the United States Government (administered by the Bureau of Land <br />Management), U.S. Steel, Amax Coal Company, and Western Slope Carbon. <br />Surface facilities at Hawk's Nest are located on land owned by Western <br />Slope Carbon, land owned by U. S. Steel and leased to Western Slope <br />Carbon, and Federal surface leased to Western Slope Carbon. <br />The proposed operation is in compliance with the requirements of this <br />section. <br />II. Land Use -Rules 2.04.3. 2.05.5 and 4.1 <br />Site Description and Land Use Information is presented on pages 2.04-1 <br />through 2.04-6 of the permit application. Pre-mining land use in the 29 <br />acre surface disturbance area associated with the Hawk's Nest East and <br />West Portals and load-out was livestock grazing and wildlife habitat. <br />The permit area is grazed by sheep in summer and fall and provides <br />habitat for deer, elk, and other wildlife species during various seasons <br />throughout the year. The disturbed areas at Hawk's Nest, due to the <br />steepness of the slopes and the dense woody vegetation originally <br />present, were formerly utilized primarily as wildlife habitat. <br />