2018-02-05_REVISION - C1992081 ‎(29)‎

• Permit No: C1992081
• IBM Index Class Name: Revision
• Doc Date: 2/5/2018
• Doc Name: Proposed Decision and Findings of Compliance
• From: Hayden Gulch Terminal, LLC
• To: DRMS
• Type & Sequence: RN5
• Email Name: JDM
• Media Type: D
• Archive: No

Findings of the Colorado Division of Reclamation, Mining, and Safety for the Hayden Gulch
Loadout
Explanation of Findings
Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board
for Coal Mining, and the approved state program, the Division of Reclamation, Mining and
Safety or the Board must make specific written findings prior to issuance of a permit, permit
renewal or permit revision. These findings are based on information made available to the
Division that demonstrates that the applicant will be able to operate in compliance with the
Colorado Surface Coal Mining Reclamation Act and the Regulations promulgated pursuant to
the Act.
The findings in the following sections required by Rule 2.07.6(2) are listed in accordance with
that Rule. The findings and specific approvals required pursuant to Rule 2.07.6(2)(m) are listed
in accordance with Rule 4 and are organized under subject or discipline subtitles.
This findings document is updated upon permit renewal, which occurs every five years for most
mines. This is the renewal findings document for the Hayden Gulch Loadout (Loadout), which
has a five year permit term. The following findings were reevaluated and updated if necessary to
reflect changes which have occurred during the past permit term. Any stipulations from the
original permit and findings document or subsequent revisions that have been totally resolved to
the satisfaction of the Division have been removed from this document.
Section A — Findings required by Rule 2.07.6
The permit application is accurate and complete. All requirements of the Act and these
rules have been complied with (2.07.6(2)(a)).
2. Based on information contained in the permit application and other information available
to the Division, the Division finds that surface coal mining and reclamation can be feasibly
accomplished at the Loadout (2.07.6(2)(b)).
3. The assessment of the probable cumulative impacts on the hydrologic balance by all
anticipated coal mining in the general area, as described in 2.05.6(3), has been made by the
Division. This assessment, titled Yampa River Cumulative Hydrologic Impact
Assessment (CHIA), is available for inspection at the Division's Denver office. The Tie -
Across Haul Road (TAHR) was approved as part of the Seneca II -W permit through TR -2
(June 23, 1989). Eleven revisions of the Yampa River CHIA have occurred since the
approval of the TAHR, with May, 2010 as the most recent revision. The TAHR was
removed from the Seneca II -W permit with the approval of PR -6 (January 6, 2012), and
incorporated into the Loadout permit with the approval of PR -1 (November 28, 2011). The
Division finds that the operations proposed in the application have been designed to
prevent damage to the hydrologic balance outside the permit area. Please refer to Section
B. III of the permit for additional discussion of the probable hydrologic consequences of
the Hayden Gulch Loadout (2.07.6(2)(c)).
14