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<br />FINDINGS OF THE <br />COLORADO MINED LAND RECLAMATION DIVISION <br />FOR THE <br />COAL GULCH MINE <br />(C-84-067) <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, and the approved state program, the <br />Division must make a number of written findings prior to the issuance or <br />substantial modification of a coal mining permit. These findings are based on <br />information made available to the Division in the permit application, or <br />otherwise available to the Division that demonstrates that the applicant will <br />be able to operate in compliance with the Colorado Surface Coal Mining <br />Reclamation Act and the 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 be <br />made by the Division are addressed under the appropriate discipline subtitle. <br />Additionally, any specific approvals required to be made by the Division <br />pursuant to Rule 2.07,6(2)(m), are discussed under the appropriate discipline <br />subtitle. <br />I. Legal, Financial, and Compliance Information - Rules 2.03, 2.07.6(2)(f), <br />g an <br />The Coal Gulch Mine contains private mineral and surface estates. Within the <br />area of surface coal mining operations the mineral estate to be mined has been <br />severed from the surface estate. The documentation required by Rule 2.03.6(2) <br />is provided by Peerless Resources and found in Exhibit 1 of the permit <br />application. The Division finds the applicant is in compliance with Rule <br />2.07,6(2)(f). <br />Based on information submitted in Section 2.03 of the permit application, the <br />Division finds that Peerless Resources does not own or control any operations <br />which are currently in violation of any law, rule, or regulation of the United <br />States, or any state law, rule or regulation enacted pursuant to federal law, <br />rule or regulation pertaining to air or water environmental protection, or of <br />any provision of the federal Surface Mining Control and Reclamation Act or the <br />Colorado Surface Coal Mining Reclamation Act pursuant to Rule 2.07.6(2)(8), <br />