2013-03-07_REVISION - C1981035 (2)

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The CASA cultural resource survey of 1997 "highly recommended that no further cultural resource inventories be required for underground mining by NKC in this area of high mesas. There is little probability of significant cultural resources and there would be no direct impacts to cultural resources from the NKC underground mining activities." Additionally, a CASA Cultural Resources survey was performed on the King I Mine in 1994 and the recommendations were the same as those above. NKC obtained a letter, dated August 12, 2005, from the State Historic Preservation Officer pertaining to a file search of their records for the King II Mine. No known sites eligible for the National Register of Historic Places were identified. Additionally, a CASA Cultural Resources survey was performed on the King II Mine in 2005 and the recommendations were the same as those above. On the basis of this information, the Division finds that subject to valid existing rights as of August 3, 1977, the mining operation will not adversely affect any publicly owned park or place listed on or eligible for listing in the National Register of Historic Places as determined by the State Historic Preservation Office (2.07.6(2)(e)(i)). 6. Although the private mineral estate has been severed from private surface estate in parts of the permit area, surface coal mining operations are not proposed for the King Coal Mine; therefore, the submittal of documentation as required by Rule 2.03.6(2) is not required (2.07.6(2)(f)). 7. AVS queries were conducted during the adequacy review and concurrent with this proposed decision on March 4, 2013. An additional AVS compliance check will be conducted prior to issuance of the permit renewal. On the basis of evidence submitted by the applicant and received from other state and federal agencies as a result of the Section 34 -33- 114(3) compliance review required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that GCC Energy, LLC does not own or control any operations which are currently in violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). 8. GCC Energy, LLC does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act (2.07.6(2)(h)). 9. Underground coal mining operations have been conducted in this area of Hay Gulch since the 1930s. The Division finds that surface coal mining and reclamation operations to be performed under this permit will not be inconsistent with other such operations anticipated 12