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<br /> <br />Findings of the Colorado Division of Minerals and Geology <br />for the <br />Foidel Creek Mine <br />Explanation of Findings <br />Pursuant to Rule 2.07.6(?) of the Regulations of the Colorado Mined Land Reclamation Board for Coal <br />Mining, and the approved state program, the Division of Minerals and Geology or the Board must make <br />specific written findings prior to issuance of a permit, permit renewal or permit revision. These findings <br />are based on information made available to the Division that demonstrates that the applicant will be able to <br />operate in compliance with the Colorado Surface Coal Mining Reclamation Act and the Regulations <br />promulgated pursuant to the Act. <br />The findings in the following sections required by Rule 2.07.6(2) are listed in accordance with that Rule. <br />The findings and specific approvals required pursuant to Rule 2.07.6(2)(m) are listed in accordance with <br />Rule 4 and are organized under subject or discipline subtitles. <br />This findings document has been updated for this permit revision. The following findings have been <br />reevaluated and updated if necessary to reflect changes which have occurred prior to this permit revision. <br />Stipulations previously attached to the permit include: <br />Stipulation No. 1 1 <br />PRIOR TO APPROVAL OF ANY MMMG-RELATED ACTIVITIES WHICH WOULD POTENCIALLY <br />AFFECT LANDS M THE NORTH 1 /2 OF SECTION l O,TSN, R86W OR THE SOUTH WEST 1 /4 OF <br />THE SOUTHWEST 1/4 OF SECTION 33,T6N, R86W (THROUGH FUTURE PERMiT REVISION <br />OR RENEWAL) THE PERM[TTEE WILL SUBMIT ACCEPTABLE RIGHT-OF-ENTRY INFORMATION <br />TO THE DIVISION. <br />Stipulation No. 46 <br />IN CONIUNCTION WSTH MR-106,TCC WILL SUBMIT SURVEY ELEVATION DATA FOR THE <br />PIERS (OR FLOORS) CONSTRUCTED FOR THE PREPARATION PLANT FOUNDATION TO <br />DEMONSTRATE THEY ARE A SUFFICIENT DEPTH BELOW THE FINAL APPROVED POST-MMMG <br />TOPOGRAPHY TO DEMONSTRATE THAT NO ADDITIONAL BOND MONEY WOULD BE <br />NECESSARY TO COVER DEMOLITION AT FMAL RECLAMATION. <br />The Division consulted the ApplicanWiolator System as a part of the review of this permit revision. As <br />result of that consultation, the following Stipulation has been attached to the permit: <br />