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-11- FIIIDINGS OF THE COLORADO MINED LAND RECLAMATION DIVISION FOR PfARTINE2 STRIP 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 must .make a number of written findings prior to the issuance of a coal mining permit. These Findings are based on information made avail- able to the Division in the permit application or otherwise available to the Division that demonstrates that the applicant will be able to operate in compliance with the Colorado Coal ;fining Reclamation Act and the regu- lations 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. Additionally, any specific approvals required to be made by the Division pursuant to Rule 2.07.6(2)(m), are discussed under the appropriate discipline subtitle. I Leoal Financial anr~ Compliance Inform i n Rules 2 0 2 07 6(2)! ) 2.07.o(2)(g),and 2.D7.6(2)(h) The private mineral estate to be mined has been severed from the private sur- face estate at the Martinez Strip Mine. The documentation required by Rule 2.03.6(2) is provided by Chimney Rock Coal and found in Exhibit 15 of the application. The application is in compliance with Ruie 2.07.6(2)(f). Based on information submitted in Section 2.03 of the permit application, the Division has made a determinat_'on that Chimney Rock Coal does not own or control any operations :rhich are currently in violation of any law, rule, or regulation of the United States, or any State Iaw, rule or regulation enacted pursuant to Federal Zari, rule or regulation pertaining to air or water environmental protection, or of any provision of the Surface Mining Control and Reclamation Act or the Colorado Sutface Coal h;ininq_ Reclamation Act (2.07.6 (2) (g)) . Chimney Rock Coal dces not control and has not controlled mining operations with a demonstrated pattern of c/illful violations of the Act of such nature, duration, and with such resulting irreparable damage to the en virorment to indicate an intent not to comply with the provisions or the act (Rule 2.07.6 (2)(h)).