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Findings of the Colorado Division of Minerals and Geology for the Foidel Creek Mine Explanation of Findines Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board far Coal Mining, and the approved state program, the Division of Minerals and Geology or the Board must make specific written findings prior to issuance of a permit, permit renewal or permit revision. 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. The findings in the following sections required by Rule 2.07.6(2) are listed in accordance with that Rule. The findings and specific approvals required pursuant to Rule 2.07.6(2)(m} aze listed in accordance with Rule 4 and are organized under subject or discipline subtitles. This findings document has been updated for this permit renewal No. 3. The following findings have been reevaluated and updated if necessary to reflect changes which have occurred prior to this permit renewal. Stipulations The following is a list of stipulations, a brief description of each and its current status. Stipulations are a binding part of the permit and previously assigned stipulation numbers cannot be re-used. No stipulations are being proposed in conjunction with this renewal application (RN-03). Stipulations previously attached to the permit include: Simulation No. 1 l PRIOR TO APPROVAL OF ANY MIMNGRELATED ACRVrriES WHICH WOULD POTENTIALLY AFFECT LANDS IN THE NORTH I/2 OF SECTION l0, TSN, R86W OR THE SOUTHWEST I/4 OF THE SOUTHWEST l/4 OF SECTION 33, T6N, R86W (THROUGH FUTURE PERMIT REVISION OR RENEWAL) THE PERMITTEE WILL SUBMIT ACCEPTABLE RIGHT-OF-EMRY INFORMATION TO THE DIVISION. At the time of this renewal, Stipulation No. I l remains active. The mine plan has not progressed into the named sections at this time. Stipulation No. 46 IN CONIUNCTION W ITH MR-106, TCC WILL SUBMIT SURVEY ELEVATION DATA FOR THE PIERS (OR FLOORS) CONSTRUCTED FOR THE PREPARATION PLANT FOUNDATION TO DEMONSTRATE THEY ARE A SUFFICIENT DEPTH BELOW THE FMAL APPROVED POST-MINMG TOPOGRAPHY TO DEMONSTRATE THAT NO ADDITIONAL BOND MONEY WOULD BE NECESSARY TO COVER DEMOLITION AT FMAL RECLAMATION. C:UH B\C82056\RN03\RN03FI N D. doc 12