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-10- <br /> Pursuant to Rule 2.07.6(2) (h) and based on the information presented by the <br /> permittee, and in the Division records, the Division finds that Western Fuels <br /> Association, Inc. 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 to <br /> indicate an intent not to comply with the provisions of the Act. <br /> The operation is in compliance with the requirements of this section. <br /> II. Land Use - Rules 2.04.3, 2.05.5, and 4.16 <br /> Section II.J. of Volume 3 of the application contains information pertinent to <br /> Rules concerning land use for both the approved operation and the permit <br /> revision areas. The following determinations have been made for the operation. <br /> The permit area was previously and is currently being used for domestic winter <br /> sheep grazing and wildlife habitat. Two Bureau of Land Management grazing <br /> allotments, Spooky Mountain and Red Wash, occur on the permit area. The <br /> permit area is normally grazed by sheep from late November through the first <br /> week in May of each year. The forage production capacity of the proposed <br /> surface disturbance is approximately 100 animal unit months. <br /> The permittee proposes to restore all areas incurring surface disturbance as a <br /> result of the mine project to the previous land uses of winter range for <br /> sheep, and wildlife habitat. <br /> In order to maintain access into grazing areas after the area is reclaimed, <br /> the permittee proposes to leave County Road 65 and the portion of the refuse <br /> haul road north of County Road 65 in place. The refuse haul road will be <br /> partially reclaimed, however by reducing the width by 1/2, shortening all <br /> culverts accordingly and seeding the regraded portion of the road. <br /> Pursuant to Rule 2.07.6(2)(L), the Division finds that the proposed <br /> post-mining land use of the permit area meets the requirements of Rule 4.16. <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 pertaining to cultural and historic resources can be found in <br /> Section II. A. of Volume 1 and on Map No. 3 of Volume 5 of the revised permit <br /> application. <br /> Cultural resource data for the Deserado Mine is contained in two survey report <br /> documents and several "addendums" prepared for Western Fuels. The 1979 report <br /> prepared by Pioneer Associates recorded 14 sites and 7 isolated finds and 15 <br /> localities. Of the 14 recorded sites, 4 were considered to be eligible for <br /> nomination to the National : Register. <br /> The second report, based on a survey of much of the Moon Lake Power Plant <br /> Pro ect area by Nickens and Associates (1980) , recorded 47 sites and 39 <br /> isolated finds in the Deserado permit area of which none were recommended as <br /> eligible. Thus, as a result of several surveys, a total of 51 sites, 46 <br /> isolated finds and 15 localities have been recorded within the Deserado permit <br /> area. <br /> l <br />