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-5- <br />Findings of the <br />Colorado Mined Land Reclamation Division <br />for <br />The Mt. Harris Loadout <br />Explanation of Findings <br />Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining, the Mined Land Reclamation Division or the <br />Board must make specific written findings prior to issuance of a permit. <br />These findings are based on information made available to the Division that <br />demonstrates that the applicant will be able to operate in compliance with <br />Colorado Surface Coal Mining Reclamation Act and the Regulations promulgated <br />pursuant to the Act. <br />All findings presented in this document relate only to the proposed decision <br />to partially approve the permit applicaiton. This partial approval, and the <br />findings presented herein, authorize reclamation only, the future stockpiling, <br />crushing, separating, or loading of coal for purposes other than reclamation <br />is expressly prohibited under this approval. <br />Once the permit is issued the conditions must be fulfilled to keep the permit <br />valid, and stipulations must be satisfied in order to maintain compliance with <br />the statute, regulations and permit. Failure on the part of the permittee to <br />satisfy the conditions and stipulations of the permit will result in the <br />permittee being in violation and appropriate enforcement actions will result. <br />al, Financial and Compliance Information - Rules 2.03, 2.07.6(f <br />.~A <br />The legal, financial and compliance information has been reviewed by the <br />Division. Since this area will not be mined, documentation demonstrating the <br />severance of the mineral estate from the surface estate is not necessary. <br />Pursuant to 2.07.6(2)(8), the Division makes the findings that no surface coal <br />mining operation owned or controlled by the applicant is currently in <br />violation of any statutes or rules or regulations as delineated in <br />2.07.6(1)(b). <br />The Division makes the finding, pursuant to 2.07.6(2)(h), that the applicant <br />does not control and has not controlled mining operations with a demonstrated <br />willful pattern of violations which would indicate an intent not to comply <br />with provisions of the Colorado Surface Coal Mining Reclamation Act. <br />