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Findings of the <br />Colorado Mined Land Reclamation Division <br />for the <br />Nucla Mine <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 issuance or renewal of a permit or approval of a permit <br />revision application. These findings are based on information made available <br />to the Division that demonstrates that the applicant has and will continue to <br />operate in compliance with the Colorado Surface Coal Mining Reclamation Act <br />and the Regulations promulgated pursuant to the Act. <br />This findings document is organized according to the major disciplines <br />reviewed during the review process. The findings which have been made by the <br />Division are addressed under the appropriate discipline sub-title. Also, <br />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 Com liance Information - Rules 2.03, 2.07.6(2)If), <br />Information regarding legal, financial, and compliance information is found in <br />Volume 1, Tab 3 of the permit application. <br />For this operation, the private mineral estate has not been severed from the <br />private surface estate, therefore, the documentation specified by 2.03.6(2) is <br />not required. <br />On the basis of evidence submitted by the applicant, the Division finds that <br />Peabody does not own or control any surface coal mining operations which are <br />currently in violation of the Colorado Surface Coal Mining Reclamation Act or <br />any applicable law of the United States or of this State, or any applicable <br />rule or regulation of any department or agency of the United States, other <br />states, and this state pertaining to air or water environmental protection. <br />Peabody does not control and has not controlled mining operations with a <br />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 in the Nucla Mine area is found in Volume <br />1, Tab 4 and to post-mining land use in Volume 10, Tab 13. <br />-B- <br />