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COLORADO ADDITION EXPLANATION OF FINDINGS FINDINGS OF THE MINED LAND RECLAMATION DIVISION FOR THE DESERADO IdINE PERMIT REVISION NO. pR02 OF FEDERAL. COAL LEASE N0. C-44693 November 19, 1987 The findings presented below consist of all major disciplines affected by the addition of Federal Coal Lease No. C-44693 to the approved mining and reclamation plan for the Deserado Mines as well as the specific written findings required under Rule 2.07.6(2)„ This Findings Document constitutes an addendum to the original Findings Document for the Deserado Mine last revised on February 28, 1986 to accommodate Federal Coal Lease Numbers C-8424, C-8425, and C-0126669. I. Legal, Financial and Compliance Information - Rule 2.03 The Division has reviewed Section I.E. of Volume 1 of the revised application for compliance with the appropriate Rules pertaining to Legal, Financial and Compliance information. The Deserado Mine is an underground mining operation. Therefore, the documentation required by Rule 2:03.6(2) is not required and the written finding required by Rule 2.07.6(2)(f) is not applicable. Western Fuels Association has received 15 Notices of Violation since the Deserado Mine was initially permitted on July 27, 1981. All violations were subsequently corrected. Based on all available information, no other operation owned or operated by Western Fuels Association, Inc. has any outstanding violations. pursuant to Rule 2.07.6(2)(8) and based on evidence supplied by Western Fuels Association, Inc., the Division finds that the permittee 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, 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 permittee and in the Division records, the Division finds that Western Fuels Association, Inc, 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 of this section.