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FINDINGS OF THE COLORADO MINED LAND RECLAMATION DIVISION FOR THE SENECA II-W MINE Explanation of Findings Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, the Mined Land Reclamation Division must make a number of written findings prior to the issuance of a permit. These findings are based on information made available to the Division that demonstrates that 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. This findings document is organized according to the major disciplines reviewed during the permitting process. The written findings which must be made by the Division are addressed under the appropriate discipline subtitle. For example, findings concerning the protection of endangered or threatened fish and wildlife species will be found under the subtitle of Fish and Wildlife. Also, any specific approvals required to be made by tTie -Division pursuance to Ruie 4 and thus requiring a written finding pursuant to Rule 2.07.6(2)(m) are discussed under the appropriate discipline subtitle. I. Legal, Financial and Compliance Information - Ru es 2. g an .07.6(2) Legal, financial and compliance information is found in Tab 3, Adjudication File of the mine permit application. The Seneca II-W Mine contains both private and federal mineral estates and private and state surface estates. The mineral estates have been severed from the surface estates. The federal coal is leased to Peabody Coal Company. The applicant currently operates two other surface mines in the state of Colorado: Seneca II Mine, File No. C-80-005 in Routt County and the Nucla Mine, File No. C-81-008 in Montrose County. The applicant currently operates coal mines in pine other states and various Indian lands. Pursuant to Ruie 2.07.6(2)(8), the Division finds that the applicant does not own or control any operations which are currently in violation of any law, rule or regulation of the United States, or any state law, rule or regulation enacted pursuant to Federal law, pertaining to air or water environmental protection or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act, where the administrative review process has been completed. Pursuant to Rule 2.07.6(2)(h), the Division finds that the applicant does not control and has not controlled any mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration and with such resulting irreparable damage to the environment, as to indicate an intent not to comply with the provisions of the Act. The applicant is in compliance with this section of the Regulations. -7-