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<br /> <br />Findings of the <br />Colorado Mined Land Reclamation Division <br />for <br />New Elk Mine <br />Explanation of Findings <br />Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining, and the approved state program, the Mined <br />Land Reclamation Division or the Board must make specific written findings <br />prior to issuance of a permit, permit renewal or permit revision. These <br />findings are based on information made available to the Division that <br />demonstrates that the applicant will be able to operate in compliance with the <br />Colorado Surface Coal Mining Reclamation Act and the Regulations promulgated <br />pursuant to the Act. <br />The findings in the following sections required by Rule 2.07.6(2) are listed <br />in accordance with that Rule. The findings and specific approvals required <br />pursuant to Rule 2.07.6(2)(m) are listed in accordance with Rule 4 and are <br />organized under subject or discipline sub-titles. <br />The Findings document is updated upon permit renewal, which occurs every five <br />years for most mines. This is the renewal Findings document for the New Elk <br />Kline, which has a five year permit term. The following findings were <br />reevaluated and updated as necessary to reflect changes which have occurred <br />during the past permit term. Any stipulations from the original permit and <br />Findings document or subsequent revisions that have been totally resolved to <br />the satisfaction of the Division, have been removed from this document. <br />SECTION A <br />Findings Required by Rule 2.07.6(2): <br />I. Legal; Financial, and Compliance Information - Rule 2.03 <br />A list of violations issued to WFC can be found on pages 2.03-7, 8 and 9 <br />of the renewal application. All violations have been abated and <br />terminated. <br />The operation is currently in compliance with the requirements of this <br />section. <br />II. Land Use - Rules 2.04.3; 2.05.5; and 4.16 <br />No change is required to this section of the findings. <br />III. Cultural and Historic Resources - Rules 2.04.4 and 2.05.6(4) <br />No change is required to this section of the findings. <br />IV. Geology - Rules 2.04.5 and 2.04.6(1) <br />Information on geology can be found in Volume I, Page 2.04-9 of the <br />application. No change is required in this section. <br />-6- <br />