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-8- FINDINGS OF THE COLORADO MINED LAND RECLAMATION DIVISION FOR THE DORCHESTER N0. 1 MINE Explanation of Findings Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, the Mined 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 which demonstrates that the applicant will be able to operate in compliance with the Colorado Surface Coal Mining Reclamation Act, as amended, 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 Division 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. Also, 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. Le al, Financial and Com liance Information -Rules 2.03 2.07.6 2 f 2.07.6 2T(g~. 2.07~T Legal, financial and compliance information reviewed by the Division can be found in Volume I, pages 1-75; Volume I of the Second Adequacy Response, pages 1 and 2 and Volume II of the Second Adequacy Response, Appendix C. Based on this information, the Division makes the following findings of compliance. The private mineral estate has been severed from the surface estate for one portion of the permit area, the Thompson ranch. A waiver was attached to the transfer of deed which specifically conveys the rights to mine coal within the deeded area. The deed is contained within Appendix C to Attachment E of the permit application documents. Therefore, the Division finds, in accordance with Rule 2.07.6(2), that documentation required by Rule 2.03.6(2) has been provided. The operator submitted right of entry information for all areas proposed to be mined during this permit term. In addition, since mine subsidence was considered a disturbance, right of entry was also required for all lands where subsidence might occur. This right of entry information was submitted but did not include two owners adjacent to the south and west portion of the permit boundary (Corley, A.T. Massey, and Florence City Properties). Therefore the following stipulation is required: