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FINDINGS OF THE COLORADO MINED LAND RECLAMATION DIVISION FOR THE SENECA II-W COAL 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 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 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 tie 6ivision purer 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 - Rules 2.03 Legal, financial and compliance information is found in Tab 3, Adjudication File of the mine permit application. The proposed Seneca II-W Mine contains both private and federal mineral estates and private and state surface estates. The mineral estates have been severed from the surface estates. The federal coal is owned by the Federal government, and subleased through Materials Service Corporation to Peabody Coal Company. The applicant currently operates two other surface mines in the state of Colorado: Seneca II Mine, File No. C-005-80 in Routt County and the Nucla Mine, File No. C-008-81 in Montrose County. The applicant currently operates coal mines in eleven other states. Pursuant to Rule 2.07.6(21(9), the Division finds that the applicant 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, rule or regulation enacted pursuant to Federal law, pertaining to air or water environmental protection or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. -11-