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Findings of the <br />Colorado Mined Land Reclamation Division <br />for <br />Blue Flame Mine <br />(C-81-053) <br />Explanation of Findings <br />Pursuant to Rule 2.07.6(2) of the Rules and Regulations of the Colorado Mined <br />Land Reclamation Board for Coal Mining, and the approved State Program, the <br />Division must make a number of written findings prior to the issuance of a <br />coal mining permit. These findings are based on information made available to <br />the Division in the permit application or otherwise available to the Division <br />that demonstrates that the applicant will be able to operate in compliance <br />with the Colorado Surface Coal Mining Reclamation Act and the Regulations <br />promulgated pursuant to the Act. <br />This findings document is organized according to the major disciplines <br />reviewed during the permitting process. The written findings which must be <br />made by the Division are addressed under the appropriate discipline subtitle. <br />Additionally, any specific approvals required to be made by the Division <br />pursuant to the performance standards of Rule 4, thus requiring a written <br />finding pursuant to Rule 2.07.6(2)(m), are discussed under the appropriate <br />discipline subtitle. <br />I. Legal, Financial, and Compliance Information - Rules 2.03 <br />The Blue Flame Coal Mine contains private mineral and surface estates. For <br />the area proposed to be included in this permit, the mineral estate to be <br />mined has been severed from the surface estate. The documentation required by <br />Rule 2.03.6(2) has been provided by Blue Flame and is found in Section 2.03.4 <br />- 2.03.12 of the permit application. The Division finds the applicant is in <br />compliance with Rule 2,07.6(2)(f). <br />Based on information submitted in Section 2.03 of the permit application, the <br />Division finds that Blue Flame does not own or control any operations which <br />are currently in violation of any law, rule, or regulation of the United <br />States, or any state law, rule or regulation enacted pursuant to federal law, <br />rule or regulation pertaining to air or water environmental protection, or of <br />any provision of the Federal Surface 1lining Control and Reclamation Act or the <br />Colorado Surface Coal Mining Reclamation Act pursuant to Rule 2.07. 6(2)(g). <br />The Division finds that Blue Flame does not control and has not controlled <br />mining operations with a demonstrated pattern of willful violations of the Act <br />of such nature, duration, and with such resulting irreparable damage to the <br />environment to indicate an intent not to comply with the provision of the Act <br />pursuant to Rule 2.07.6(2)(h). <br />-6- <br />