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-10- FINDINGS OF THE COLORADO MINED LAND RECLAMATION DIVISION FOR THE T'dIN PINES N0. 2 MINE 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 which demonstrates that the applicant will be able to operate in compliance with the Colorado Surface Coal Mining Reclamation Act, as amended, 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, findings 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 by the Division 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 Comoli The private mineral estate will not be severed from the surface estate by this operation. Therefore, the documentation required by Rule 2.03.6(2) is not required and the written finding required by Rule 2.07.6(2)(f) is not applicable. On the basis of information provided on page 3 of the permit application, and pursuant to Rule 2.07.6(Z)(g), the Division finds that the applicant does not own or control any operation which is in violation of any State or Federal environmental law, rule, or regulation as delineated in Rule 2.07.6(1)(0). Pursuant to Ruie 2.07.b(2)(h), the Division finds that Twin Pines Coal Company, Inc. does not control and has not controlled mining operations Edith 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 Division finds the proposed operation in compliance with the requirements of this section.