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Findings of the Colorado Division of Reclamation, Mining and Safety <br />for the <br />Foidel Creek Mine <br />Explanation of Findings <br />Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, <br />and the approved state program, the Division of Reclamation, Mining and Safety or the Board must make <br />specific written findings prior to issuance of a permit, permit renewal or permit revision. These findings are <br />based on information made available to the Division that demonstrates that the applicant will be able to operate <br />in compliance with the Colorado Surface Coal Mining Reclamation Act and the Regulations promulgated <br />pursuant to the Act. <br />The findings in the following sections required by Rule 2.07.6(2) are listed in accordance with that Rule. The <br />findings and specific approvals required pursuant to Rule 2.07.6(2)(m) are listed in accordance with Rule 4 and <br />are organized under subject or discipline subtitles. <br />This findings document has been updated for this permit revision No. 8. The following findings have been <br />reevaluated and updated if necessary to reflect changes which have occurred prior to this permit renewal. <br />Stipulations <br />Stipulations previously required by the Division have been complied with. Twentymile Coal Company is <br />proposing to mine in the Western Mining District near the previously mined Southwest Mining District. The <br />Southwest Mining District functions as a sump for mine water and coal fines produced from the wash plant. <br />Due to the vicinity of the proposed mining downgradient from flooded workings, the Division has attached the <br />following Stipulation No. 63 to the permit. Stipulations are a binding part of the permit and previously assigned <br />stipulation numbers cannot be re-used. <br />STIPULATION No. 63 <br />SUBMIT PROOF TO DRMS OF MSHA APPROVAL OF AN AMENDED ROOF CONTROL PLAN AS <br />DESCRIBED IN THE JUNE 3, 2009 LETTER FROM ALLYN DAVIS OF MSHA TO WALTER <br />SCHELLER OF TWENTYMILE COAL COMPANY, OR A PERMIT GRANTED BY THE MSHA <br />DISTRICT MANAGER IN ACCORDANCE WITH 30 CFR 1716-2 GRANTING SUCH MINING, PRIOR <br />TO ENTERING GATEROAD 15 OF THE WESTERN MINING DISTRICT OF THE FOIDEL CREEK <br />MINE. <br />Section A - Rule 2.07.6 <br />1. The permit application is accurate and complete. All requirements of the Act and these rules have been <br />complied with (2.07.6(2)(a)). <br />2. Based on information contained in the permit application and other information available to the Division, the <br />Division finds that surface coal mining and reclamation can be feasibly accomplished at the Foidel Creek <br />11