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-9- <br /> • <br /> FINDINGS OF THE <br /> COLORADO MINED LAND RECLAMATION DIVISION <br /> FOR <br /> THE DESERADO MINE <br /> Explanation of Findings <br /> Pursuant to Rule 1 .07.6(2) of the Regulations of the Colorado'Mined Land <br /> Reclamation Board for Coal Mining, the Mined Land Reclamation Division or the <br /> Board must make a number of written findings prior to the issuance of a permit <br /> revision. These findings are based on information made available to the <br /> Division that demonstrates '„that the permittee will be able to operate in <br /> compliance with the Colorado Surface Coal Mining Reclamation Act and the <br /> regulations promulgated pursuant to the Act. <br /> The findings document is organized according to the major disciplines reviewed <br /> during the permitting and revision process. The written findings which must <br /> be made by the Division are addressed under the appropriate discipline <br /> • subtitle. For example, findings concerning the protection of endangered or <br /> threatened fish and wildlife species will be found under the subtitle of Fish <br /> and Wildlife. Also, any specific approvals required to be made by the <br /> Division pursuant to Rule 4 and thus requiring a written finding pursuant to <br /> Rule 2.07.6(2) (m) are discussed under the appropriate discipline subtitle. <br /> I. Legal , Financial and Compliance Information - Rule 2.03 <br /> The Division has reviewed Section I. E. of Volume 1 of the revised application <br /> for compliance with the appropriate Rules pertaining to Legal , Financial and <br /> Compliance information. The Deserado Mine is an underground mining <br /> operation. Therefore, thedocumentation required by Rule 2.03.6(2) is not <br /> required and the written finding required by Rule 2.07.6(2)(f) is not <br /> applicable. <br /> Western Fuels Association has received 14 Notices of Violation since the <br /> Deserado Mine was initially permitted on July 27, 1981 . All violations were <br /> subsequently corrected. Based on all available information, no other <br /> operation owned or operated, by Western Fuels Association, Inc. has any <br /> outstanding violations. <br /> Pursuant to Rule 2.07.6(2) '1 (g) and based on evidence supplied by Western Fuels <br /> Association, Inc. the Division finds that the permittee does not own or <br /> control any operations which are currently in violation of any law, rule, or <br /> regulation of the United States, or any State law, or regulation or any <br /> provision of the Surface Mining Control and Reclamation Act or the Colorado <br /> Surface Coal Mining Reclamation Act. <br />