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Findings of the Colorado Division of Reclamation Mining, and Safety <br />for the Deserado Mine <br />Information Source and Order of Findings <br />These findings are based on information made available to the Division that demonstrates the <br />applicant will be able to operate in compliance with the Colorado Surface Coal Mining <br />Reclamation Act and the Regulations promulgated pursuant to the Act. As explained in the <br />preceding section titled Introduction, various state laws require that these findings be made prior <br />to approval of a permit renewal or revision. <br />The findings which are required by Section 2.07.6(2) of the Regulations are listed in the same <br />order as they are listed in that Section. The findings and specific approvals required by Section <br />2.07.6(2)(m) and Rule 4 are listed in the same order as they are listed in Rule 4, and are <br />organized under subject or discipline subtitles. <br />These findings were reevaluated and updated from the previous findings document to reflect <br />changes which have occurred during the past permit term. Any stipulations from the original <br />permit and findings document or subsequent revisions that have been totally resolved to the <br />satisfaction of the Division have been removed from this document. <br />Stipulations <br />Stipulations are a binding part of the permit and previously assigned stipulation numbers cannot <br />be re-used. No stipulations are being proposed in conjunction with this renewal application (RN- <br />05). The permit has one active stipulation. The following stipulations have been resolved since <br />the last permit renewal. <br />Stipulation No. 61: SUBMIT A COPY OF MAP 24, SHEET 1 OF 3, DATED 2/5/2006, WITH <br />A PROFESSIONAL ENGINEER'S CERTIFICATION THEREON, BY MARCH 1, 2006. <br />Status: This stipulation was satisfied and complied with on February 27, 2006. <br />Stipulation No. 62: OPERATION OF THE NEW WASHPLANT II OR AN INCREASE IN <br />COAL RECOVERY ABOVE THE PREVIOUSLY APPROVED RATE OF 10.00 MILLION <br />TONS PER YEAR CONNOT COMMENCE UNTIL SECTION 7 CONSULTATION WITH <br />USF&WS HAS BEEN COMPLETED. <br />Status: This stipulation was satisfied and complied with on April 27, 2007. <br />Stipulation No. 63: SUBMIT PROOF TO DRMS OF MSHA APPROVAL OF AN AMENDED <br />ROOF CONTROL PLAN AS DESCRIBED IN THE JUNE 3, 2009 LETTER FROM ALLYN <br />DAVIS OF MSHA TO WALTER SCHELLER OF TWENTYMILE COAL COMPANY, OR A <br />PERMIT GRANTED BY THE MSHA DISTRICT MANAGER IN ACCORDANCE WITH 30 <br />CFR 1716-2 GRANTING SUCH MINING, PRIOR TO ENTERING GATEROAD 15 OF THE <br />WESTERN MINING DISTRICT OF THE FOIDEL CREEK MINE. <br />Foidel Creek Mine 18 June 4, 2010