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-1- <br /> FINDINGS <br /> COLORADO WESTMORELAND, INC. <br /> ORCHARD VALLEY MINE <br /> I. LEGAL, FINANCIAL, AND COMPLIANCE INFORMATION (2.03) <br /> The legal, financial, and compliance information sections of the permit appli- <br /> cation can be found on pages 3-66, Section 2.03 of Volume 8. <br /> For this operation, private mineral estate has not been severed from private <br /> surface estate, therefore, the documentation specified by 2.03.6(2) is not <br /> required (2.07.6(2) (f)) . <br /> On the basis of evidence submitted by the applicant, this Division finds that <br /> Colorado Westmoreland, Inc. does not own or control any operations which are <br /> currently in violation of any law, ru1\--, or regulation of the United States, <br /> or any State law, rule, or regulation,* or any provision of the Surface Mining <br /> Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation <br /> Act (2.07.6(2) (g)) . <br /> Colorado Westmoreland, Inc. does not control and has not controlled mining <br /> operations with a demonstrated pattern of willful violations of the Act of <br /> such nature, duration, and with such resulting irreparable damage to the environ- <br /> ment as to indicate an intent not to comply with the provision of the Act <br /> (r (2.07.6(2) (h)) . <br /> The proposed operation is in compliance. <br /> II. LAND USE (2.04.3, 2.05.5, 4.16) <br /> Prior to submittal of this application, the predominant land use classifications <br /> on the permit area were: 1) grazing land for domestic livestock and wildlife; <br /> 2) orchard land in the area of the Ioadout facilities; and 3) previous mine <br /> disturbances. A land use map is provided as Map No. 8 in Volume 5, and a <br /> discussion of land uses can be found on pages 3-10 in Section 2.04 of Volume <br /> 8. After mining, Colorado Westmoreland, Inc. plans to return the land to the <br /> pre-mining land uses of _grazing for livestock and wildlife for the mine site <br /> and orchard land for the Ioadout facilities. Post-mining land uses are dis- <br /> cussed on pages 103-112 in Section 2.05.5 of Volume 8A. <br /> The Division hereby approves the post-mining land uses of the proposed opera- <br /> tion. It was determined that grazing for both livestock and wildlife for the <br /> bench areas and orchard use for the storage silos, truck dump, train loadout <br /> areas, and the railroad spur met the requirements of Rule 4.16(2.07.6(2) (1)) . <br /> t:,Si^RIC ?r SC -. rS (2.04.4, 2.05.6(4)) <br /> In accordance with 2.07.6(2) (e) , the Division must make a finding that the pro- <br /> posed pining operation will not adversely affect any publicly owned park or <br /> �; .� place listed on the National Register of Historic Places. Additionally, although <br />