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_1P_ Findings of Compliance by the Colorado i~ined Land Reclamation Division for the Hawk's Nest Mine Explanation of Findings Pursuant to Rule 2.07.0(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 wiih 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 Uivision 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 Uivision 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.U2 The legal, financial and compliance information sections of the permit application for the Hawk's Nest Mine can be found on pages G.03-1 through 2.03-17 of Volume IA of the permit application. Pursuant to Rule 2.07.6(2)(8), and on the basis of evidence submitted by the applicant, the Division finds that Western Slope Carbon does not own or control any operations which are currently in violation of any law, rule, or regulations, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. Compliance problems have been noted frequently during Division inspections at Hawk's Nest over the past year. Sediment control maintenance and debris disposal are recurrent problems. Since December of 1981, Western Slope Carbon has been issued 5 Notices of Violation (N.O.V's) for the Hawk's Nest Mine. N.O.V 81-45 was issued on December 3, 1981 for failure to salvage topsoil and failure to meet specific haulroad constructon requirements. The N.O.V was abated on December 23, 1981. N.O.V.'s 82-11, 82-12, 82-13, and 82-14 were issued on March l1, 1982. N.O.V. 82-11 was issued for the intentional drainage of disturbed runoff from the mine yard area into the North Fork of the Gunnison River. Abatement was immediate. N.O.V. 82-12 was issued for failure to dispose of debris in a proper manner. The fV.O.V. was abated on March 31, 1982.