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<br /> <br /> 14 <br />Findings of the Colorado Division of Reclamation, Mining and Safety <br />for the <br />Fruita Loadout <br /> <br /> <br />Explanation of Findings <br /> <br />Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board for <br />Coal Mining, and the approved state program, the Division of Reclamation, Mining and Safety or <br />the Board must make specific written findings prior to issuance of a permit, permit renewal or <br />permit revision. These findings are based on information made available to the Division that <br />demonstrates that the applicant will be able to operate in compliance with the Colorado Surface <br />Coal Mining Reclamation Act and the Regulations promulgated pursuant to the Act. <br /> <br />The findings in the following sections required by Rule 2.07.6(2) are listed in accordance with that <br />Rule. The findings and specific approvals required pursuant to Rule 2.07.6(2)(m) are listed in <br />accordance with Rule 4 and are organized under subject or discipline subtitles. <br /> <br />This findings document is updated upon permit renewal, which occurs every five years for most <br />mines and loadouts. This is the RN-1 renewal findings document for the Fruita Loadout (Loadout), <br />which has a 5-year permit term. The findings were updated as needed to reflect changes which <br />have occurred during the past permit term. Any stipulations from the original permit and findings <br />document or subsequent revisions that have been totally resolved to the satisfaction of the Division <br />have been removed from this document. Any stipulations that remain unresolved will be carried <br />over from the previous permit onto the RN-1 permit. <br /> <br /> <br />Section A - Rule 2.07.6 <br /> <br />1. The permit application is accurate and complete. All requirements of the Act and these rules <br />have been complied with (2.07.6(2)(a)). <br /> <br />2. Based on information contained in the permit application and other information available to <br />the Division, the Division finds that loadout operations and reclamation can be feasibly <br />accomplished at the Fruita Loadout (2.07.6(2)(b)). <br /> <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 t he <br />Division. This assessment entitled "Fruita Loadout Cumulative Hydrological Impact <br />Assessment" is available for inspection at the offices of the Division. The Division finds <br />that the operations proposed under the application have been designed to prevent damage to <br />the hydrologic balance outside the proposed permit area. Please refer to Section B.III <br />(Hydrologic Balance) of this document for additional discussion of the predicted hydrologic <br />consequences of mining operations at the Fruita Loadout (2.05.6(3) and 4.05). <br /> <br />4. The Division finds that the affected area is, subject to valid rights existi ng as of August 3, <br />1977, not within: