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Findings of the <br />Colorado Mined Land Reclamation Division <br />for the <br />King Coal Mine <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 fiini.ng, and the approved State program, the <br />Division or the Mined Land Reclamation Board must make specific written <br />findings prior to issuance or substantial modification of a permit. These <br />findings are based on information made available to the Division that <br />demonstrates that the applicant has and will continue to operate in compliance <br />with the Colorado Surface Coal Mining Reclamation Act and the Regulations <br />promulgated pursuant to the Act. <br />This findings document is organized according to the major disciplines <br />reviewed during the permit process. The findings which have been made by the <br />Division are addressed under the appropriate discipline sub-title. Also, <br />specific approvals required to be made by the Division pursuant to Rule <br />2.07.6(2)(m), are discussed under the appropriate discipline. <br />1, Financial and Compliance Information - Rules 2.03, 2.07.6 <br />The private surface of the King Coal Mine is owned by Mr. Lawrence Huntington, <br />except for six acres of the surface facilities which are owned by National <br />King Coal, Inc. The mineral rights are owned by the United States of America <br />as administered by the Bureau of Land Management (BLM). Therefore, the <br />mineral estate is severed from the surface estate. <br />The findings required to be made by the Division, pursuant to Rule <br />2.07,6(2)(f), are not required since surface mining activities are not being <br />approved for this mine and the mineral estate is not private. <br />Based on information submitted in the permit application, the Division finds <br />that National King Coal, Inc. does not own or control any surface coal mining <br />operations which are currently in violation of the Act or any applicable law <br />of the United States or of this State, or any applicable rule or regulation of <br />any department or agency of the United States, other states, and this State <br />pertaining to air or water environmental protection, pursuant to 2.07.6(1)(b). <br />The Division finds that National King Coal, Inc. does not control and has not <br />controlled mining operations with a demonstrated pattern of willful violations <br />of the Act of such nature, duration, and with such resulting irreparable <br />damage to the environment to indicate an intent not to comply with the <br />provisions of the Act, pursuant to 2.07.6(2)(h). <br />The operation is in compliance with the requirements of this section. <br />-5- <br />