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Findings of the Colorado Division of Minerals and Geology for the Foidel Creek Mine Explanation of Findings Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, and the approved state program, the Division of Minerals and Geology or the Board must make specific written findings prior to issuance of a permit, permit renewal or permit revision. 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. The findings in the following sections required by Rule 2.07.6(2) are listed in accordance with that Rule. The findings and specific approvals required pursuant to Rule 2.07.6(2)(m) are listed in accordance with Rule 4 and are organized under subject or discipline subtitles. This findings document has been updated for this permit renewal No. 4. The following findings have been reevaluated and updated if necessary to reflect changes which have occurced prior to this permit renewal. Stipulations Stipulations are a binding part of the permit and previously assigned stipulation numbers cannot be re- used. No stipulations are being proposed in conjunction with this renewal application (RN-04). The permit has no active stipulations. The following stipulations have been resolved since the last permit renewal. Stipulation No. 11 PRIOR TO APPROVAL OF ANY MINING-RELATED ACTIVITIES WHICH WOULD POTENTIALLY AFFECT LANDS IN THE NOATH 1/2 OF SECTION 10, TSN, R86W OR THE SOUTHWEST 1 /4 OF THE SOUTHWEST 1/4 OF SECTION 33, T6N, R86W (THROUGH FUTURE PERMIT REVISION OR RENEWAL) THE PERMITTEE WILL SUBMIT ACCEPTABLE RIGHT-OF-ENTRY INFORMATION TO THE DIVISION. TMC satisfied the requirements of Stipulation No. 1 I on December 17, 2003 and the Stipulation is no longer active. Stipulation No. 46 IN CONJUNCTION WITH MR-106, TCC WILL SUBMIT SURVEY ELEVATION DATA FOR THE PEERS (OR FLOORS) CONSTRUCTED FOR THE PREPARATION PLANT FOUNDATION TO DEMONSTRATE THEY ARE A SUFFICIENT DEPTH BELOW THE FINAL APPROVED POST-MINING TOPOGRAPHY TO DEMONSTRATE THAT NO ADDITIONAL BOND MONEY WOULD BE NECESSARY TO COVER DEMOLITION AT FINAL RECLAMATION.