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-~- F[wulN~s uF THE CULORADU MINED LAND RECLAMATION DIVIS1JfV FUR THE SOMERSET MINE ~xolanation of Findinus Pursuant to itule 2,07.6(2) of the Regulations of the Colorado r4ined Land Keclaination 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 availaole to the Division which demonstrates that the applicant will be able to operate in compliance with the (:olorado Surface Coal Mining Reclamation Act, as amended, and the Regulations promulgated pursuant to the Nct. This findings document is organized according to the major disciplines reviewed during the permitting process. Tne written findings whicn 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 oe made by the Division pursuant to Rule 4 and thus requiring a written finding pursuant to Rule '2.07.b(2)(m) are discussed unoer the appropriate discipline suotitle. I. Legal, Financial and Compliance Information -r Rule 2.03 The legal, financial and compliance sections of the permit application can be found on pages 2.03-2 through 2.03-21. Pursuant to Rule 2.U7.(i(2)(fj, the Division has determined that for this operation, private mineral estate has not been severed from private surface estate. Therefore, the documentation specified by 2.03.6('2) is~not requireu. Pursuant to Rule 2,U 7.6(2)(y) and on the basis of information submitted uy the applicant, the Division finds that U.S. Steel Mining, Co., Inc. does not own or control any operations, which are currently in violation of any law, rule, or regulation of the United States, or of any State law, rule, or regulation enacted pursuant to Federal law, rule, or regulation pertaining to air ur water environmental protection, or of any provision of the Surface h1ininy Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (the Act). Pursuant to kule 2.07.6(2)(h), the Division finds that U.S. Steel Mining Co., Inc. does not control and has not controlled any mining operations witn a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act.