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r-~. _. FINDINGS OF THE ~(': ~~r. k"• . COLORADO MINED LAND RECLAMATION DIVISION a;: ~I ~~ ' McCLANE CANYON MINE Explanation 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 wi1Z be found under the subtitle of Fish and wildlife. Also, any specific approvals required to be made by the Division pursuant to Rule 9 and thus requiring a written finding pursuant to Rule 2.07.6(2)(mi) are discussed under the appropriate discipline subtitle. I. Legal, Financial and Compliance Information-Rule 2.03 The Division has reviewed Appendices A through E of the application for compliance with the appropriate Rules pertaining to legal, financial and compliance information. Pursuant to Rule 2.07.6(2)(g) and based on evidence supplied by Salt Creek Mining Company, the Division finds that the applicant 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 Zaw, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. Pursuant to Rule 2.07.6(2)(h) and based on the information presented by the applicant, and in the Division records, the Division finds that Salt Creek Mining Company does not control and has not controlled 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. The operation is in compliance with the requirements addressed in this section. II. Land Use Rules-2.04.3, 2.05.5, and 4.16 Pages 4-1 to 4-5 of Volume 1 of the application contain the information pertinent to rules concerning land use. The following determinations have been made for the operation.