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s <br /> <br />FINDINGS OF THE <br />COLORADO MINEn LAND RECLAMATION DIVISION <br />FOR <br />THE DESERADO MINE <br />PERMIT REVISION N0. PR02 <br />ADDITION OF FEDERAL COAL LEASE N0. C-44693 <br />November 19, 1987 <br />EXDLANATION OF FINDINGS <br />The findings presented below consist of all major disciplines affected by the <br />addition of Federal Coal Lease No. C-44693 to the approved mining and <br />reclamation plan for the Deserado Mine, as well as the specific written <br />findings required under Rule 2,07.6(2). This Findings Document constitutes an <br />addendum to the original Findings Document for the Deserado Mine last revised <br />on February 28, 1986 to accommodate Federal Coal Lease Numbers C-8424, C-8425, <br />and C-0126669. <br />1, Financial and Compliance Information - Rule 2.03 <br />The Division has reviewed Section I,E. of Volume 1 of the revised <br />application for compliance with the appropriate Rules pertaining to <br />Legal, Financial and Compliance information, The Deserado Mine is an <br />underground mining operation. Therefore, the documentation required by <br />Rule 2.03.6(2) is not required and the written finding required by Rule <br />2,07,6(2)(f) is not applicable. <br />Western Fuels Association has received 15 Plotices of Violation since the <br />Deserado Mine was initially permitted on .luly 27, 1981, All violations <br />were suhsequently corrected. Based on all available information, no <br />other operation owned or operated by Western Fuels Association, Inc. has <br />any outstanding violations. <br />Pursuant to Rule 2, 07.6(2)(gl and based on evidence supplied by Western <br />Fuels Association, Inc., the Division finds that the permittee does not <br />own or control any operations which are currently in violation of any <br />law, rule, or regulation of the United States, or any State law, or <br />regulation or any provision of the Surface Mining Control and Reclamation <br />Act or the Colorado Surface Coal Mining Reclamation Act. <br />Pursuant to Rule 2,07,6(2)(h) and based on the information presented by <br />the permittee and in the Division records, the Division finds that <br />Western Fuels Association, Inc. does not control and has not controlled <br />mining operations with a demonstrated pattern of willful violations of <br />the Act of such nature, duration, and with such resulting irreparable <br />damage to the environment as to indicate an intent not to comply with the <br />provisions of the Act. <br />The operation is in compliance with the requirements of this section, <br />