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1 Findings of the Colorado Mined Land Reclamation Division for King Coal Mine Permit Revision No. 3 Explanation of Findings Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, and the approved state program, the Mined Land Reclamation Division or the Board must make specific written findings prior to issuance of a permit, permit renewal or permit revision. 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. The Findings Document is organized according to the areas of ma.ior concern in the regulations. The findings which have been made by the Division are included under the appropriate section of this document as are the specific approvals required to be made by the Division pursuant to Rule 2.07.6(2)(m). I. Legal, Financial, and Compliance Information - Rules 2.03, 2.07.6(2)(f), 7 Ill G O .. ....J 7 !17 G O L. The acreage to be added to the permit area for the King Coal Mine is entirely private in ownership. Although there is a separation of mineral estate to be mined from the surface ownership, the Kinq Coal Mine is not a surface coal mining operation nor are any surface coal mining operations to be conducted on the acreage in question. As a result, the submittal of documentation as required by Rules 2.07.6(2)(f) and 2.03.b(2) is not required. Pursuant to Rule 2.07.6(2)(8), the Division finds that National Kinq Coal, Inc. does not own or control any surface coal mining operations which are currently in violation of the Act or an.y applicable law of the United States or of this state, or any applicable rule or regulation of any department or agency of the United States, other states or this state pertaining to air or water environmental protection. This finding is based on information in the permit and permit revision applications indicating that neither the operator nor its officers or principal shareholders have operated an.y other coal operation in the United States within the previous 5 years. This finding was verified by a check of the Applicant Violator System and a review of Division files conducted on June 11, 1991. Pursuant to Rule 2.07.6(2}(h}, the Division finds that National Kinq Coal, Inc. does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act. The proposed operation is in compliance with the requirements of this section. -4-