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FINDINGS OF THE COLORADO MINED LAND RECLAMATION DIVISION FOR THE FOIDEL CREEK LIFE OF MINE REVISION 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 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 t e ivisron 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. Legal, Financial and Compliance Information - Rule 2.03 The permit applicant for the Foidel Creek Mine is Twentymile Coal Company, a wholly owned subsidiary of Cyprus Western Coal Equipment Company. Other coal companies controlled in whole or in part by Cyprus Western Coal Equipment Company are Colorado Yampa Coal Company which holds Colorado Coal Permits C-81-071 (Eckman Park, Mine 1 and Mine 2) and C-84-062 (Mine 3) and Plateau Mining Company, which holds Utah Permit No. ACT/007/006. In addition to the Foidel Creek Mine Permit C-82-056, Twentymile Coal Company holds Permit C-81-036 for the Fish Creek Tipple. Pursuant to Rule 2.07.6(2)(8), 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. Pursuant to Rule 2.07.6(2)(h), the Division finds that the applicant does not control and has not controlled any mining operations with 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. -g-