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-7- <br />FINDINGS OF THE <br />COLORADO MINED LAND RECLAMATION DIVISION <br />FOR <br />HAYDEN GULCH <br />Explanation of Findines <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 <br />the Board must make a number of written findings prior to the issuance of <br />a permit. These findings are based on information made available to the <br />Division that demonstrates that the applicant will be able to operate in <br />compliance with the Colorado Surface Coal Mining Reclamation Act and the <br />regulations 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 <br />be made by the Division are addressed under the appropriate discipline <br />subtitle. For example, findings concerning the protection of endangered or <br />threatened fish and wildlife species will be found under the subtitle of Fish <br />and Wildlife. Also, any specific approvals required to be made by the <br />Division pursuant to Rule 4 and thus requiring a written finding pursuant <br />to Rule 2.07.6(2)(m) are discussed under the appropriate discipline subtitle. <br />I. Legal, Financial, and Compliance Information - Rule 2.03 <br />Pursuant to Rule 2.07.6(2)(g) and on the basis of evidence submitted by the <br />applicant, the Division finds that HG Coal Company does not own or control <br />any operations which are currently in violation of any law, rule, or regulation <br />of the United States, or any state law, rule, or regulation or any provision <br />of the Surface Mining Control and Reclamation Act or the Colorado Surface <br />Coal Mining Reclamation Act. <br />Pursuant to Rule 2.07.6(2)(h), the Division finds that HG Coal Company does <br />not control and has not controlled any mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and with <br />such resulting irreparable damage to the environment as to indicate an intent <br />not to comply with the provisions of the Act. <br />Pursuant to Rule 2.07.6(2)(f) the Division has determined that for this operation, <br />private mineral estate has been severed from private surface estate, however, <br />the surface owner is the mining company. The applicant has supplied the <br />documentation specified by Rule 2.03.6(2). <br />The operation is in compliance with the requirements if this Section. <br />