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Findings of the <br />Colorado Mined Land Reclamation Division <br />for the <br />Seneca II Mine <br />Permit Renewal (1986) <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 Mining, and the approved state program, the <br />Division or the Mined Land Reclamation Board must make specific written <br />findings prior to re-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 renewal process. The findings which have been made <br />by the Division are addressed under the appropriate discipline sub-title. <br />Also, 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 />I. Legal, Financial, and Compliance Information - Rules 2.03, 2.07.6(2)(f), <br />Information regarding legal, financial, and compliance information is found in <br />Volume 1, Tab 3 of the permit renewal application. <br />For this operation, private mineral estate has not been severed from private <br />surface estate, therefore, the documentation specified by 2.03.6(2) is not <br />required. <br />On the basis of evidence submitted by the applicant, the Division finds that <br />Peabody Coal Company does not own or control any operations which are <br />currently in violation of any law, Regulations, or provision of the Surface <br />Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act or other law, regulation or provision subject to C.R.S., as <br />amended, 34-33-114(3). <br />Peabody Coal Company does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparable damage to the environment as to <br />indicate an intent not to comply with the provisions of the Act. <br />The operation is in compliance with the requirements of this section. <br />II. Land Use - Rules 2.04.3, 2.05.5 and 4.16. <br />Information pertaining to land use at the Seneca II Mine is presented in <br />Volume I, Tab 4 and Volume VII, Tab 13 of the original application. <br />-6- <br />