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;r- FINDINGS DF COMPLIANCE OF THE COLORADO MINED LAND RECLAMATION DIVISIOW Exalanation of Findings Pursuant to Rule 2.01.6(2) of the Regulations of the Colorado I~iined Land Reclamation Board for Coal Mining, the f4ined 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 keclamation Act and the regulations promulgated pursuant to the Act. The 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 endanyered 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. Leval, Financial and Compliance Information - Rule 2.03 Pursuant to Rule 2.07.6('L)(g) and based on evidence supplied by Sunland Mining Corporation, 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, or reyulation, pertaining to air or water environmental protection or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal i+lining Kecla~nation Act. Pursuant to Rule 2.07.6(2)(h) and based on the information presented by the applicant, and in the Division records, the Division finds that Sunland Mining Corporation does not control and has not controlled 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. I1. Land Use -Rule 2.04.3, 2.05.5 and 4.16 Pages 12-13.6 and 187.1-188 of the application contain the information pertinent to rules concerning land use. The land use within the permit area prior to any mining was rangQland and wildlife habitat. In the early 1900's, the first coal mining operations were opened along Trout Creek. These mines were accessed by what is now County Road 29. The Apex No. 2 Mine portals and work area are constructed on the previous disturbed site of the old Apex No. 1 work area. Sunland Mining Corporation has proposed that the county road remain as a postmining land use with the remainder of the reclaimed area being returned to grazing and wildlife habitat.