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Findings of Compliance <br />Information submitted in the transfer application pursuant to Rule 2.03.4 <br />is true and correct. <br />Standard inquiries were made pursuant to C.R.S. 34-33-114(3) to four <br />government agencies during the transfer application review process. One <br />of the responses to these inquiries indicated that an affiliated company <br />(Central West Coal Corporation) had failed to keep current with payment <br />of reclamation fees required by 30 CFR Chapter VII, Subchapter R. <br />Currently 588,594:84 in reclamation fees, penalties and interest are <br />due. Central West Coal Corporation has entered into an agreement with <br />the Office of Surface Mining which requires payment of all these fees <br />over a specified period of time: This agreement is made part of this <br />decision document and is attached hereto. <br />The second response indicated that eight Notices of Violation had been <br />issued to the affiliate (Central West Coal Corporation) in the past 21 <br />months, These violations address a variety of concerns, ranging from <br />failure to submit required reports and fees, sediment control, <br />revegetation and a bond dispute. All these Notices of Violation are now <br />subject to Fai]ure to Abate Cessation Orders. In addition, X37,685:38 in <br />civil penalties are owed. With respect to the outstanding violations and <br />civil penalties that are at issue in the State of Missouri: the transfer <br />of permit can proceed as provided under Rule 2.07.6(1)(b)(ii) of the <br />Colorado rules and regulations for coal mining. Rule 2.07,6(1}(b) <br />states; <br />(b) If the Division determines from either the schedule <br />submitted as part of the application under 2,03.5(3), or <br />from consultation with appropriate Federal or State <br />agencies having jurisdiction over such violation, that <br />any surface coal mining operation owned or controlled <br />by the applicant is currently in violation of the Act <br />or any applicable law of the United States or of this <br />State, or any applicable rule or regulation of any <br />department or agency of the United States, other <br />states, and this State, pertaining to air or water <br />environmental protection, the Division shall require <br />the applicant, before the issurance of a permit, <br />to either: <br />(i) Submit proof to the Division which <br />is satisfactory to the regulatory authority, departmemt <br />or agency which has jurisdiction over such violation <br />that the violation: <br />(A) Has been corrected, or <br />(B) Is in the process of being <br />corrected; or <br />