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Findings of the Colorado Division of Reclamation, Mining and Safety <br />for the New Elk Mine <br />Explanation of Findings <br />Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board <br />for Coal Mining, and the approved state program, the Division of Reclamation, Mining and <br />Safety or the Board must make specific written findings prior to issuance of a permit, permit <br />renewal or permit revision. These findings are based on information made available to the <br />Division that demonstrates that the applicant will be able to operate in compliance with the <br />Colorado Surface Coal Mining Reclamation Act and the Regulations promulgated pursuant to <br />the Act. <br />The findings in the following sections required by Rule 2.07.6(2) are listed in accordance with <br />that Rule. The findings and specific approvals required pursuant to Rule 2.07.6(2)(m) are listed <br />in accordance with Rule 4 and are organized under subject or discipline subtitles. <br />This findings document is updated upon permit renewal, which occurs every five years for most <br />mines. This is the sixth renewal findings document for the New Elk Mine, which has a five-year <br />permit term. The following findings were reevaluated and updated if necessary 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 />Section A - Rule 2.07.6 <br />The permit application is accurate and complete. All requirements of the Act and these <br />rules have been complied with (2.07.6(2)(a)). <br />2. Based on information contained in the permit application and other information available <br />to the Division, the Division finds that surface coal mining and reclamation can be feasibly <br />accomplished at the New Elk Mine (2.07.6(2)(b)). <br />3. The assessment of the probable cumulative impacts of all anticipated coal mining in the <br />general area on the hydrologic balance, as described in 2.05.6(3), has been made by the <br />Division. This assessment entitled "Cumulative Hydrologic Impact Assessment, <br />Purgatoire River Basin" is available for inspection at the offices of the Division. The <br />Division finds that the operations proposed under the application have been designed to <br />prevent damage to the hydrologic balance outside the proposed permit area. Please refer <br />to Section B.III (Probable Hydrologic Consequences) of this document for additional <br />discussion of the predicted hydrologic consequences of mining operations at the New Elk <br />Mine (2.07.6(2)(c)). <br />4. The Division finds that the affected area is, subject to valid rights existing as of August 3, <br />New Elk Mine <br />Findings for RN -06, May 11, 2017 <br />M <br />