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-lo- <br />FINDINGS OF THE <br />COLORADO MINED LAND RECLAMATION DIVISION <br />FOR <br />ENERGY MINE N0. 3 <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, the Mined Land Reclamation Division or the <br />Board must make a number of written findings prior to the issuance of a <br />permit. These findings are based on information made available to the <br />Division that demonstrates that the applicant will be able to operate in <br />compliance with the Colorado Surface Coal Mining Reclamation Act and the <br />regulations promulgated pursuant to the Act. <br />This findings document is organized according to the major disciplines <br />reviewed during the permitting process. The written findings which must be <br />made by the Division are addressed under the appropriate discipline subtitle. <br />For example, findings concerning the protection of endangered or threatened <br />fish and wildlife species will be found under the subtitle of Fish and <br />Wildlife. Also, any specific approvals required to be made by the Division <br />pursuant to Rule 4 and thus requiring a written finding pursuant to Rule <br />2.07.6(2)(m) are discussed under the appropriate discipline subtitle. <br />I. Legal, Financial and Compliance Information -Rule 2.05 <br />~~~ The Energy Mine No. 3 is operated by the Colorado Yampa Coal Company, under <br />~ contract directly with Getty Minerals Marketing, Inc. Mining equipment and <br />facilities for the surface mine operations are owned by Colorado Yampa Leasing <br />~ Company and leased to Getty Minerals Marketing, Inc. Colorado Yampa Coal <br />~~uT~~ Company also operates the Energy Mines No's. 1, 2, and Eckman Park which are <br />~~ permitted under Permit No. 79-177. <br />CYCC has one outstanding violation at the Eckman Park Mine <br />(Permit No. 79-177). The violation was issued by the Office of Surface Mining <br />~~v 4 30, 19835S1CYCC~has requestedere~iewuunder Se$tionl525aoftthe~SurfacenMin9ngt <br />Control and Reclamation Act of 1977. This entails an appeals before the <br />J~ ~ Administrative Law Judge. No date has been set. This is the only outstanding <br />violation of any law, rule, or regulation of the United States, or any state <br />