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-9- <br />FINDINGS OF THE <br />COLORADO MINED LAND RECLAMATION DIVISION <br />FOR <br />THE COLOWYO MINE <br />Explanation of Findings <br />Pursuant to Rule 2.07.6(2) of the regulations of the Colorado Mined <br />Land Reclamation Board for Coal Mining, the Mined Land Reclamation <br />Division or the Board must make a number of written findings prior to <br />the issuance of a permit. These findings are based on information <br />made available to the Division that demonstrates that the applicant <br />will be able to operate in compliance with the Colorado Surface Coal <br />Mining Reclamation Act and the regulations promulgated pursuant to the <br />Act. <br />This findings document is organized accrording to the major disciplines <br />reviewed during the permitting process. The written findings which <br />must be made by the Division are addressed under the appropriate <br />discipline subtitle. For example, findings concerning the protection <br />of endangered or threatened fish and wildlife species will be found <br />under the subtitle of Fish and Wildlife. Also, any specific approvals <br />required to be made by the Division pursuant to Rule 4 and thus requiring <br />a written finding pursuant to Rule 2.07.6(2)(m) are discussed under the <br />appropriate discipline subtitle. <br />I. Legal, Financial and Compliance Information - Rv1e 2.03 <br />Colowyo requested within the application that a life-of-mine permit term <br />be granted. The Division has not granted a variance from the standard <br />five-year permit term in this instance, since Colowyo was not able tp <br />provide the specific financial justifications as required by Section 34- <br />33-109(5) of the Colorado Surface Coal Mining Reclamation Act and Rule 2.01.5 <br />of the Colorado Regulations. The 5,550 acre area designated in the permit <br />application as the permit area also represents the life-of-mine area., <br />