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Findines of the Colorado Division of Minerals and Geolosv for *.he Foidel Creek Mine Explanation of Findints Pursuant to Rule 2.07.6(?) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, and the approved state program, the Division of Minerals and Geology or the Board must make specific written findings prior to issuance of a permit, permit renewal or permit revision. These findings are based on information made available [o the Division [hat demonstrates [hat 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. The findings in the following sections required by Rule 2.07.6(2) are listed in accordance with that Rule. The findings and specific approvals required pursuant to Rule 2.07.6(2)(m) are listed in accordance with Rule 4 and are organized under subject or discipline subtitles. This findings document has been updated for this permit renewal No. 3. The following findings have been reevaluated and updated if necessary to reflect changes which have occurred prior to this permit revision. Stipulations The following is a list of stipulations, a brief description of each and its current status. Stipulations are a binding part of the permit and previously assigned stipulation numbers cannot be re-used. No stipulations are being proposed in conjunction with this permit revision (PR-OS). Stipulations previously attached to the permit include: Stipulation No PRIOR TO APPROVAL OF ANY MINMG-RELATED ACTiV1TlES WHICH WOULD POTENTIALLY AFFECT LANDS IN THE NORTH 1/2 OF SECTION 10, TSN, R86W OR THE SOUTHWEST I/4 OF THE SOUTHWEST 1/4 OF SECTION 33, T6N, R86W (THROUGH FUTURE PERMIT REVISION OR RENEWAL) THE PERMITTEE WILL SUBMIT ACCEPTABLE RIGHT-OF-ENTRY MFORMATION TO THE DIVISION. This stipulation was generated under an action previous to PR-O5, and remains active. It has been partially complied with. Gateroads 17 R and 18 R will extend into the N '/: of Section 10. The permittee has submitted acceptable right-of--entry information to the Division for Section 10. Section 33 will not be affected by PROS. Stipulation No. 46 IN CONIUNCTION WITH MR-106, TCC WILL SUBMIT SURVEY ELEVATION DATA FOR THE PIERS (OR FLOORS) CONSTRUCTED FOR THE PREPARATION PLANT FOUNDATION TO DEMONSTRATE THEY ARE A SUFFICIENT DEPTH BELOW TFIE FMAL APPROVED POST-MNING TOPOGRAPHY TO DEMONSTRATE THAT NO ADDITIONAL BOND MONEY WOULD BE NECESSARY TO COVER DEMOLITION AT FMAL RECLAMATION. At the time of this revision, Stipulation No. 46 remains active. Pier elevation data has not been submitted to [he Division. C:\JHB\C82056\PROS\PROS FINDINGS 62800.doc 11