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i _„ _ FINDINGS OF THE COLORADO MINED LAND RECLAMATION DIVISION FOR FUIDEL CREEK Explanation of Findings Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, the Mined Land Reclamation Division or the Board must make a number of written findings prior to the issuance of a permit. 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. This findings document is organized according to the major disciplines reviewed during the permitting process. The written findings which must be made by the Division are addressed under the appropriate discipline subtitle. For example, findinys concerning the protection of endangered or threatened fish and wildlife species will be found under the subtitle of Fish and Wildlife. Also, any specific approvals required to be made oy the ivision pursuant to Rule 4 and thus requiring a written finding pursuant to rule 2.07.6(2)(m) are discussed under the appropriate discipline subtitle. I. Legal, Financial and Compliance Information - Rule 2.05 The proposed Foidel Creek Mine will be operated by the Twentymile Coal Company. Besides the surface operations approved in Permit No. 79-177, for Energy Mines No. 1, 2 and Eckman Park, the applicant operates another surface/underground coal operation in Routt County: Energy Mine No. 3 and Middle Creek Mine which currently operate under Permit No. 7b-16. Pursuant to Rule 2.U7.6(2)(g), the Division finds that the applicant does not own or control any operations which are currently in violation of any law, rule, or regulation of the United States, or any state law, rule, or regulation enacted pursuant to Federal law, pertaining to air or water environmental protection or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface L'oal f+lining Reclamation Act. Pursuant to Rule 2.U7.6(2)(h), the Division finds that the applicant does not control and has not controlled any mining operations with a demonstrated pattern of willful violations of the Nct 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.