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-6- FINDINGS OF THE COLORADO MINED LAND RECLAMATION DIVISION FOR THE BOURG STRIP MINE Exp]anation 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 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 a vision pursuan 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 Compliance Information - Rule 2.03 The information submitted by the applicant in the introduction to the permit application has been reviewed by the Division for compliance. Pursuant to Rule 2.07.6(2)(9) and on the basis of evidence submitted by the applicant, the Division finds that Walden Coal Company does not own or control any operations which are currently in violation of any law, rule, or regulations of the United States, or arty state law, rule, or regulation or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. Pursuant to Ruie 2.07.6(2 )(h ), the Division finds that Walden Coal 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.