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-9- <br />;~ Stipulation No. 1 <br />THE OPERATOR SHALL SUBt4IT RIGHT OF ENTRY INFORMATION FOR THE FLORENCE <br />CITY, A.T. MASSEY, AND CORLEY PROPERTIES, WHERE SUBSIDENCE IS PROPOSED, <br />30 DAYS PRIOR TO AFFECTING THESE LANDS. <br />On the basis of information provided on page 3-90 of the permit application, <br />Dorchester Coal Company is not currently known to be in violation of any law, <br />rule, or regulation of the United States, or any State law, rule or regulation <br />enacted pursuant to Federal law pertaining to air or water environmental <br />protection, or any provision of the Surface Mining Control and Reclamation <br />Act, or the Colorado Surface Coal Mining Reclamation Act. <br />Pursuant to Rule 2.01.6(2)(h), the Division finds that Dorchester Coal Company <br />does not control and has not controlled 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 proposed operation is in compliance with Rule 2.07.6(2)(h). <br />fI. Land Use -Rules 2.04.3, 2.05.5 and 4.16 <br />. Information pertaining to land use in the area can be found in Volume I, Table <br />4 and Volume IV Table 13. Both the pre-mining and post-mining Land uses are <br />wildlife habitat and grazing. Pursuant to Rule 2.07.6(2)(1), the Division <br />hereby approves the proposed post-mining land use for the Dorchester No. 1 <br />Mine. It is determined that grazing and wildlife habitat meets the <br />requirements of Rule 4.16. <br />The Division finds the proposed operation to be in compliance with the <br />requirements of this section. <br />III. Cultural and Historic Resources -Rules 2.04.5 and 2.05.6(4) <br />Information pertaining to cultural and historical information was presented on <br />pages 80-84 of the permit application. The Grand River Institute conducted a <br />100X survey of the portal area prior to disturbance by Dorchester Coal Company <br />and found no cultural resources of National Register significance. The <br />Colorado Historical Society also stated, in a letter dated October 9, 1980, <br />that there were no documented cultural properties within the proposed permit <br />area. <br />Pursuant to Rule 2.07.6(2)(e), the Division finds that the mining operation <br />will not adversely affect any place listed on the National Register of <br />Historic Places. <br />The proposed operation is in compliance with the requirements of this section. <br />• <br />