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<br />-lo- <br />FINDI~lGS OF TXE <br /> <br />COLORADO MINED LAND RECLAPIATION DI4'ISION <br />FOR <br />TXE HUNGER CANYON ldlffE <br />Explanation of Findings <br />Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Ffined Land <br />Reclamation 8oatd for Coal Mining, the tdi Wed Land Reclamation Division or <br />the Board must make a number of written findings prior to the issuance of <br />a 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 Coai Mining Reclamation ACt and the <br />regulations promulgated pursuant to the Act. <br />The 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 en dance red or threatened <br />fish and wildlife saecies will be fdund under the subtitle of Fish and :Vildlife. <br />Also, any specific approvals required to be made by the Division pursuant to <br />• Rule 4 and thus requiring a written finding pursuant to Rule 2.07.6(2)(m) <br />are discussed under the appropriate discipline subtitle. <br />I. Leaa1, Financial and Compliance Information - Pule 2.30 <br />The Division has reviewed Appendices A through E of the.apolication For <br />compliance wits the appropriate Rules pertaining to Legal, financial and <br />compliance information. <br />Pursuant to Rule 2.07.0'!2)(g) and based on evidence supplied by Salt Creek <br />alining Company, the Di vis_'on finds that the applicant does not own or control <br />gnu operations which are currently in violation of any Iat/, rule, or regulat_'on <br />of the United States, or any State Zaw, or regulation or any provision of the <br />Surface .lining Control and Reclamation Act or the Colorado Surface Coal :dining <br />Reclamation Act. <br />2ursuant to Ruie 2.D7.o`(2)(h) and based on t5e information presented bu the <br />applicant, and :^ the Di r sicn records, r_r!e Division finds that Sait Creek <br />`.!iniag Companu does not control and has not controlled ,Wining operations :with <br />a demonstrated pattern of willful violations of the .act of such nature, duration, <br />and with such resvltirc irreparable damage to tie environment as to _:cicate <br />an intent not to comply with the provisions of the .act. <br />°he operation is in comaliance will t.§e reeuirements of t.`.is section. <br />J <br />