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Findings of the <br />Colorado Mined Land Reclamation Division <br />for the <br />Apex Nn, 2 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 Cnal Mining, and the approved State program, the <br />Division or the Mined Land Reclamation Board must make specific written <br />findings prior to issuance or renewal of a permit or approval of a permit <br />revision application. These findings are based on information made <br />available to the Division that demonstrates that the applicant has and <br />will continue 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 according to the ma,ior disciplines <br />reviewed during the review process. The findings which have been made by <br />the Division are addressed under the appropriate discipline sub-title. <br />Also, specific approvals required to be made by the Division pursuant to <br />Rule 2.07.6(2)(m), are discussed under the appm priate discipline, <br />I. Legal, Financial, and Compliance Information - Rules 2.03, <br />Information pertaining to legal, financial and compliance information is <br />presented on pages 1 and 2 of the permit application. <br />Since this is an underground mining operation not being conducted <br />concurrently with surface mining of coal, the requirements of <br />Rule 2.03.6(2) are net applicable, <br />On the basis of evidence submitted by the applicant, the Division finds <br />that Sunland does not own or control any surface coal mining operations <br />which are currently in violation of the Colorado Surface Coal Mining <br />Reclamation Act or any applicable law of the United States or of this <br />State, or any applicable rule or regulation of any department or agency <br />of the United States, other states, and this state pertaining to air or <br />water environmental protection, <br />Sunland does not control and has not controlled mining operations with <br />demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparahle damage to the environment <br />as to indicate an intent not to comply with the provisions of the Act. <br />The operation is in compliance with the requirements of this section. <br />-7- <br />