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,e -lo- FINDINGS OF THE COLORADO PIINED LAND RECLAAfATION DIVISION FOR THE TRINIDAD BASIN MINE Explanation of Findings Pursuant to Rule 2,07.6(2) of the regulations of the Colorado Mined Land Reclamation Board for Coal Mining, the Mined Land Reclamation Division or the Board must make a number of written findings prior to the issuance of a permit. These findings are based on information made available to the Division that demonstrates that the applicant will be able to operate in compliance with the Colorado Surface Coal Mining Reclamation Act and the regulations promulgated pursuant to the Act. This findings document is organized according to the major disciplines reviewed during the permitting process. The written findings which must be made by the Division are addressed under the appropriate discipline subtitle. For example, findings concerning the protection of endangered or threatened fish and wildlife species will be found under the subtitle of Fish and Wildlife. Also, any specific approvals required to be made by the Division pursuant to Rule 4 and thus requiring a written finding pursuant to Rule 2.07.6(2)(m) are discussed under the appropriate discipline subtitle. T. Legal; Financial, and Compliance Information - Rule 2.03 The legal, financial, and compliance information has been ,reviewed by the Division for compliance. This information is contained in the permit application under Sections 2.1 - 2,9 (pages II-1 - II-5) and 3,1 - 3.9 (pages III-1 - III-7) and Exhibits III-I through III-5. The proposed operation has been found to be in compliance. The applicant has provided documentation pursuant to 2.07,6(2)(f) that indicates that in all cases where the private mineral estate has been severed from the private surface estate, the applicant has secured the right to the extraction of coal by surface mining methods by means of lease agreements between the applicant and the surface owner. The applicant has provided a copy of each Lease and its conditions. Pursuant to 2.07.6(2)(8), the Division makes the finding that no surface coal mining operation owned or controlled by the applicant is currently in violation of any statutes or rules or regulations as delineated in 2.07.6(1)(b). The Division makes the finding, pursuant to 2.07,6(2)(h), that the applicant does not control and has not controlled mining operations with a demonstrated willful pattern of violations which would indicate an intent not to comply with provisions of the Colorado Surface Coal Pfining Reclamation Act. The operation is in compliance with the requirements of this section.