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lJ -9- FINDINGS OF THE COLORADO MINED LAND RECLAMATION DIVISION FOR THE DESERADO MINE Explanation of Findings Pursuant to Rule 1.07.6(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 revision. These findings are based on information made available to the Division that demonstrates that the permittee will be able to operate in compliance with the Colorado Surface Coal Mining Reclamation Act and the regulations promulgated pursuant to the Act. The findings document is organized according to the major disciplines reviewed during the permitting and revision 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. 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 14 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) (g) 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 aRy State law, or regulation or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act.