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<br />-15- <br /> <br />FINDINGS OF THE <br />COLORADO MINED LAND RECLAMATION DIVISION <br />FOR <br />THE ALLEN 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 Coai Mining, the Mined Land Reclamation Division or the <br />Board must make a number of written findings prior to the issuance of a <br />permit. These findings are based on information made available to the <br />Division that demonstrates that the applicant will be able to operate in <br />compliance with the Colorado Surface Coal Mining Reclamation Act and the <br />regulations promulgated pursuant to the Act. <br />This findings document is organized according to the major disciplines <br />reviewed during the permitting process. The written findings which must be <br />made by the Division are addressed under the appropriate discipline subtitle. <br />For example, findings concerning the protection of endangered or threatened <br />fish and wildlife species will be found under the subtitle of Fish and <br />Wildlife. Also, any specific approvals required to be made by th D vision <br />pursuant to Rule 4 and thus requiring a written finding pursuant to Rule <br />2.07.6(2)(m) are discussed under the appropriate discipline Subtitle. <br />I. Legal, Financial, and Compliance Information - Rule 2.03 <br />Sections of the application dealing with legal, financial, and compliance <br />information can be found on pages 2.03-1 through 2.03-18 of Volume I. These <br />sections have been reviewed for compliance by the Division. Pursuant to Rule <br />2.07.6(2)(9) and on the basis of evidence submitted by the applicant; the <br />Division finds that CF&I Steel Corporation does not own or control any <br />operations which are currently in violation of any law, rule or regulation of <br />the United States, or any state law, rule, or regulation or any provision of <br />the Surface Mining Control and Reclamation Act or the Colorado Surface Coal <br />Mining Reclamation Act. <br />Pursuant to Rule 2.07.6(2)(h), the Division finds that CF&I Steel Corporation <br />does not control and has not controlled any 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 />Pursuant to Rule 2.07.6(2)(f) the Division has determined that for this <br />operation, private mineral estate has not been severed from private surface <br />estate. The applicant has supplied the documents specified by Rule 2.03.6(2). <br />The proposed operation is in compliance with the requirements of this section. <br />