GENERAL38315

• Permit No: C1981048
• IBM Index Class Name: General Documents
• Doc Date: 10/1/1982
• Doc Name: Proposed Decision and Findings of Compliance
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

-ZO-
FINDINGS OF THE
COLORADO MINED LAND RECZAI?ATION DIVISION
FOR
THE TRINIDAD BASIN MINE
Explanation of Findings
Pursuant to Rule 2.07.6(2) of the regulations of the Colorado Mined Land
declamation Board for Coal Mining, the tdined 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 Di•;+sion 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. R1so, any specific approvals required to be made by the
Division pursuant 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 Legal, financial, and compliance information has been reviewed by the Division
for compliance. This information is contained in the permit application under
Sections 2.1 - 2.4 (pages II-1 - II-5) and 3.1 - 3.9 (pages III-1 - III-7) and
Exhibits III-1 through III-5, The proposed operation has been found to be in
compliance.
The applicant has provided documentation pursuant to 2,07.6(2)(f) that indicates
that in all cases where the private mineral estate has been severed from the
private surface estate, the applicant has secured the right to the extraction of
coal by surface mining methods by means of lease agreements between the applicant
and the surface owner. The applicant has provided a copy of each lease and its
conditions.
Pursuant to 2,07.6(2)(9), the Division makes the finding that no surface coal mining
operation owned or controlled by the applicant is currently in violation of any
statutes or rules or regulations as delineated in 2.07,6(1)(b).
The Division makes the finding, pursuant to 2.07.6(2)(h), that the applicant does
not control and has not controlled mining operaCions with a demonstrated willful
pattern of violations which would indicate an intent not to comply with provisions
of the Colorado Surface Coal !fining Reclamation Act.
The operation is in compliance with the requirements of this section.