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-6- FINDINGS OF THE COLORADO MINED LAND RECLAMATION DIVISION FOR FISH CREEK TIPPLE Explanation of Findings Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, the Mined Land Reclamation Division or the Board must make a number of written findings prior to the issuance of a permit. 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. This findings document is organized according to the major disciplines reviewed during the permitting process. The written findings which must be made by the Division are addressed under the appropriate discipline subtitle. For example, findings concerning the protection of endangered or threatened fish and wildlife species will be found under the subtitle of Fish and Wildlife. Also, any specific approvals required to be made by the Division pursuant to Rule 4 and thus requiring a written finding pursuant to Rule 2.07.6(2)(m) are discussed under the appropriate discipline subtitle. I. Legal, Financial and Compliance Information - Rule 2.03 Twentymile Coal Company (TCC) is the applicant for the Fish Creek tipple/loadout. Getty Minerals Marketing, Inc. is the principal share holder of TCC. TCC also is the applicant and operator of the Foidel Creek underground coal mine in Routt County, Colorado, approximately 5 miles from the tipple. Savage Coal Service Corporation is the operator of the tipple. Pursuant to Rule 2.07.6(2)(9), the Division finds that TCC does not have any outstanding violations of any law, rule, or regulation of the United States or any state law, rule, or regulation enacted pursuant to Federal law, pertaining to air or water environmental protection or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. Pursuant to Rule 2.07.6(2)(h), the Division finds that the applicant does not control and has not controlled any mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act. Pursuant to Rule 2.07.6(2)(f), the Division has determined that at the Fish Creek tipple where the private mineral estate has been severed from the private surface estate Getty Minerals Marketing is the surface owner, thus no consent of surface owner is required. The permit application is in compliance with the requirements of this section.