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.. -9- <br /> <br />FINDINGS OF THE <br />COLORADO ilINED LAND R_°CLA:GITION DIVISION <br />?IcCLANE C2,\YOY MINE <br />Exvlanation of Findin¢s <br />Pursuant to Rule 2.07.6(2) of the mining regulations of the Colorado Mined <br />land Reclamation Board for Coal Mining, the Mined Land Reclamation Division <br />or the Board must make a number of written findings prior to the issuance <br />of a pernit. These findings are based on information made available to the <br />Division that demonstrates that the applicant will be able to operate in <br />compliance with the Colorado Surface Coal Mining Reclamation Act and the <br />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 <br />be made by the Division are addressed under the appropriate descipline <br />subtitle. For example, findings concerning the protection of endangered or <br />threatened fish and wildlife species .rill'be found under the subtitle of <br />Fish and Wildlife. Also, any specific approvals required to be made'by the <br />Divisiao.pursuant, to Bole 4 and thus requiring a written finding pursuant <br />to Rule 2.07.6(2)(m) are discussed ur_der the appropriate discipline subtitle. <br />I. Legal, Financial and Compliance Information - Rule 2.03 <br />The Division has reviewed Appendices A through E of the application for <br />compliance with the appropriate Rules pertaining to'.legal, financial and <br />compliance information. <br />Pursuant to Rule 2.07.6(2)(g) and based on evidence supplied by Salt Creek <br />4fining Company, the Division finds that the applicant does not own or <br />wntrol any operations which are currently in violation of any"law, rule, <br />or regulation of the United States, or any State law, or regulation, or any <br />provision of the Sutface Pfining Control and Reclamation Act or the Colorado <br />Surface Coal Tuning Reclamation Act. <br />Pursuant to Rule 2.07.6(2)(h) and based on the information presented by the <br />applicant, and in the Division records, the Division finds Chat Salt Creek <br />Mining Company does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparable damage to the environment as <br />to indicate an intent not to comply with the provisions of the Ac[. <br />The operation is in compliance with the requirements addressed in this <br />section. <br />