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T. ~ ,. ~ - ---- <br />-8- <br />Findings of Compliance by the Colorado Mined Land <br />Reclamation Dtvlsion for the Terror Creek Load-out <br />Exolanatlon of Flndinvs <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 Divtslon or <br />Board must make a number of written findings, prior to Issuance of a <br />permit. These findings are based on information made available to the <br />Division that demonstrates that the applicant will be able to operate 1n <br />compliance with the Colorado Surface Coal Mining Reclamation Act and the <br />regulations promulgated pursuant to the Act. <br />This findings document 1s organized according to the major disciplines <br />reviewed during the permitting process. The written findings which must <br />be made by the Divtslon are addressed under the appropriate discipline <br />subtitle. For example, findings concerning the protection of endangered <br />or threatened fish and wildlife species will be found under the subtitle <br />of Fish and Wildlife. Also, any specific approvals required to be made <br />by the Division pursuant to Rule 4 and thus requiring a written finding <br />pursuant to Rule 2.07.6(2) (m) are discussed under the appropriate <br />discipline subtitle. <br />0 <br />I. Legal, Financial and Complaance Information - Rule 2.03 <br />The legal, financial and compliance information sections of the permit <br />application are contained on pages 2.03-1 through 2.03-12. Right of <br />entry lnformatton is 1n Exhibit 1. Insurance information is provided as <br />exhibit 2. <br />Pursuant to Rule 2.07.6(1)(b), on the basis of available lnformatton, the <br />Division finds that neither Terror Creek Company, nor Pacific Basin Coal <br />and Carbon (partner in the Terror Creek Company) own or control any <br />operations which are currently 1n vtolatton of any law, rule or <br />regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. <br />Bear Coal Company, a partner in the Terror Creek Company, was issued a <br />Notice of Violation from the Office of Surface Mining on June 7, 1983. <br />Bear Coal Company is presently pursuing, in good faith, a direct <br />administrative appeal to contest the validity of the vtolatton. If the <br />vtolatton Ss affirmed, operations at Terror Creek will be terminated <br />unless and until proof 1s submitted to the Dtvlsion that the vtolatton <br />has been or is .1n the process of being corrected. <br />