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<br />I'IND1 Nt:S 0I' T!!E <br /> <br />COLORADO MINED LAND RECLAMATION Dl VISION <br />FOR <br />OHIO CREEK COAL P1INE NO. 2 <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, the Mined Land Reclamation Division or <br />the Board must make a number of written findings prior to the issuance of <br />a permit. These findings are based on information made available to the <br />Division that dertanstrates that the applicant will be able to operate in <br />compliance with the Colorado Surface Coal Mining Reclamation Act and the <br />regulations promulgated pursuant to the Act. <br />This findings document is organized according to the major disciplines <br />reviewed during the permitting process. The written findings which must <br />be made by the Division are addressed under the appropriate discipline subtitle. <br />For example, findings concerning the protection of endangered or threatened <br />fish and wildlife species will be found under the subtitle of Fish and Wildlife. <br />Also, any specific approvals required to be made by the Division pursuant to <br />Rule 4 and thus requiring a written finding pursuant to Rule 2.07.6(2)(m) <br />are discussed under the appropriate discipline subtitle. <br />Z. Rule 2.03 - Legal, Financial and Compliance Information <br />Legal, Financial and Compliance Information can be found on pages 1 through 6 <br />of the application. The private mineral estate will not be severed from the <br />surface estate by this operation. Therefore, the documentation required by <br />Rule 2.03.6(2) is not required and the written finding required by Rule <br />2.07.6(2)(f) is not applicable. <br />The applicant states that they do not own or control any other coal mining <br />operations in the United States. Therefore, based on all available information <br />and pursuant to Rule 2.07.6(2)(g), the Division finds that Henry L, and Opal <br />Weaver do not own or control any operations which are currently in violation <br />of any law, rule or regulation of the United States, or any State law, rule <br />or regulation or any provision of the Surface Pfining Control and Reclamation <br />Act or the Colorado Surface Coal Mining Reclamation Act. <br />Pursuant to Rule 2.07.6(2)(h), the Division finds that Henry L, and Opal <br />Weaver do not control and have not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, <br />and with such resulting irreparable damage to the environment as to indicate <br />an intent not to comply with the provisions of the Act. <br />The proposed operation is in compliance with the requirements addressed in <br />this section. <br />