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-9 - FINDINGS OF THE COLORADO MINED LAND RECLAMATION DIVISION FOR THE NEW ELK MINE PERMIT REVISION #1 Explanation of findings Pursuant to Rule 2.01.6(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 decision to approve a 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. 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 ivision pursuant to Rule 4 and thus requiring a written finding pursuant to Rule 2.01.6(2)(m) are discussed under the appropriate discipline subtitle. Only those Findings which have been changed from the original Findings Document issued in 1983 as a result of this permit revision application appear in the following sections. The majority of the existing Findings issued in 1983 were not modified as a result of this permit revision and therefore do not appear below. I. Legal, Financial, and Compliance Information - Rule 2.03 Pursuant to Rule 2.O1.fi(2)(g) and on the basis of evidence submitted by the applicant, the Division finds that Wyoming Fuel Company 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 or any provision of the Surface Mininq Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. Pursuant to Rule 2.07.6(2)(h), the Division finds that Wyoming Fuel Company does not control and has not controlled any mining operations with 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. Pursuant to Rule 2.07.6(2)(f) the Division has determined that for this operation, private mineral estate has not been severed from private surface estate. The applicant has supplied the documents specified by Rule 2.03.6(2). T~-- ~-~..~~e~ nncrat inn is in rmm~liance with the reauirementc of thic cPCtion_