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-10- <br /> Stipulation No. 1 <br /> PRIOR TO ANY DISTUR3ANCE AT THE SIT(: 1f= FdE J OPOSEJ ,iEA COAL <br /> PRUCESSING WASTE EMBANKMENT, THE PERMITTEE MUST SUBMIT EVIDENCE •TO <br /> THE DIVISION THAT LEGAL RIGHT OF ENTRY HAS BEEN OBTAINED FROM THE <br /> U.S. FOREST SERVICE. <br /> The private mineral estat.j will not be severed from the surface estate by <br /> this operation. Therefore, the documentation required by Rule 2.03.6(2) <br /> is not required and the written finding required by Rule 2.07.6(2) (f) is <br /> not applicable. <br /> Pursuant to Rule. 2.07.6(2) (9) and on the basis of evidence submitted by <br /> the applicant, the Division finds that i-1id-Continent Resources, Inc. does <br /> not own or control any operations which are currently in violation of any <br /> law, rule, or regulation of the United States, or any state law, rule, or <br /> regulation or any provision of the Surface ;Mining Control and Recla�flati.ln <br /> Act or the Colorado Surfae Coal Mining Reclamation A,:t. <br /> Pursuant to Rule 2.07.6(2) (h) , the Division finds that Mid-Continent <br /> Resources, Inc. does not control and has not controlled any mining <br /> operations with a demonstrted pattern of willful violations of the act of <br /> such nature, duratibn, and witn such resulting irreparable damage to the <br /> environment as to indicate an intent not to comply with the provisions of <br /> the act. <br /> The proposed operation is in compliance with the requirements add res3ed <br /> in this section. <br /> II. Land Use - Rules 2.04.3, 2.05. 5 and 4. 16 <br /> Information on land use reviewed by the Division can be found in Section <br /> A, Chapter III, Volume 4 and Chapter VI, Volume 7 of the application. <br /> Coal Basin, incl,adinr, peer 7') til" 'nine plan area, has ileen irl <br /> the ,jurisdiction and under management of the U.S. Forest Service Si,lc � <br /> 1913. It is within the Thompson Creek planning unit of the White River <br /> National Forest. The majority of the disturbed areas within the permit <br /> area are on fee lands held by Iid-Continent. However, there are some <br /> disturbed areas on U.S. Forest Service land consisting of roads, <br /> powerline right-)F-.vays, and waste disposal sites which are being <br /> utilized under Forest Service Special Use Permits. <br /> The pre-+pining land uses )F 11(. and adjacent areas were 'wildlife <br /> habitat, rangeland, and recreation. The wildlife population of Coal <br /> 3asin is .`7iverse. Use of 1r,] 1 ')v lildll i13s .)ntinued n <br /> 1 <br /> conjunction with the mining operation, although some disturbance to <br /> species particularly sensitive to human activity nay 'lave :jSe <br /> is lamely �nfined to the stammer months due to the heavy snows an,i <br /> prolonged 4inter season :•ihic.n :;laracterize Coal 3a5in. <br />