2018-07-09_GENERAL DOCUMENTS - C1981019

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Proposed Decision and Findings of Compliance July 2018 Permit Renewal No. 7 P a g e | 27 completed in May 2010. A subsequent memorandum was written based on the Collom project (PR-03) on December 1, 2011. These documents are available for inspection at the offices of the Division. Furthermore, the Division determined that the changes to the Collom project proposed with PR-04 reduce the potential for impacts on the hydrologic balance on and adjacent to the Colowyo Mine permit boundary (compared to the project proposed with PR-03). In the past, the Division has found that the operations proposed under the Application have been designed to prevent material damage to the hydrologic balance outside the proposed permit area ( Rule 2.07.6(2)(c)). The Division is in the process of updating the 2010 version of the "Yampa River Cumulative Hydrologic Impact Statement.” This update will include an analysis of recent data from water quality sampling of the Yampa River and tributaries potentially impacted by the Colowyo Mine. See Section B. III (Probable Hydrologic Consequences) of this findings document for additional discussion of the predicted hydrologic consequences of mining operations at the Colowyo Coal Mine. IV. Unsuitable Areas, Prohibitions and Limitations The Division finds the affected area is subject to valid rights existing as of August 3, 1977 and is described in the following subparagraphs. A. Areas Designated Unsuitable The affected area is not within an area designated unsuitable for surface coal mining operations (Rule 2.07.6(2)(d)(i)). B. Areas under Study The affected area is not within an area under study for designation as unsuitable for surface coal mining operations (Rule 2.07.6(2)(d)(ii)). C. Prohibitions and Limitations The affected area is not on any lands subject to the following prohibitions or limitations:  On any lands within the boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System including rivers under study for designation, and National Recreation Areas designated by Act of Congress (Rule 2.07.6(2)(d)(iii)(A));  Lands within 300 hundred feet measured horizontally of any public building, school, church, community or institutional building, or public park (Rule 2.07.6(2)(d)(iii)(B));  Within 100 feet measured horizontally of a cemetery (Rule 2.07.6(2)(d)(iii)(C));