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In the past, the Division has found that the operations proposed under the Application have been <br /> designed to prevent material damage to the hydrologic balance outside the proposed permit area <br /> [in compliance with Rule 2.07.6(2)(c)]. The Division is in the process of updating the 2010 <br /> version of the "Yampa River Cumulative Hydrologic Impact Statement." This update will <br /> include an analysis of recent data from water quality sampling of the Yampa River and <br /> tributaries potentially impacted by the Trapper Coal Mine. See Section B. III (Probable <br /> Hydrologic Consequences) of this findings document for additional discussion of the predicted <br /> hydrologic consequences of mining operations at the Trapper Mine. <br /> Therefore,the Division finds that the operations proposed in the revision (PR10) have been designed <br /> to prevent damage to the hydrologic balance outside the permit area. <br /> Please refer to Section B.III. E (Probable Hydrologic Consequences) of this document for additional <br /> discussion of the predicted hydrologic consequences of mining operations at TMI (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 /> 1977, not within: <br /> a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)); <br /> b) An area under study for designation as unsuitable for surface coal mining operations <br /> (2.07.6(2)(d)(ii)); <br /> c) The boundaries of the National Park System,the National Wildlife Refuge System, <br /> the National System of Trails, the National Wilderness Preservation System,the Wild <br /> and Scenic Rivers System including rivers under study for designation, and National <br /> Recreation Areas (2.07.6(2)(d)(iii)(A)); <br /> d) Three hundred feet of any public building, school, church, community or institutional <br /> building, or public park(2.07.6(2)(d)(iii)(13)); <br /> e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); <br /> f) The boundaries of any National Forest unless the required finding of compatibility <br /> has been made by the Secretary of the U.S. Department of Agriculture <br /> (2.07.6(2)(d)(iii)(D)); <br /> g) One hundred feet of the outside right-of-way line of any public road except where <br /> mine access or haul roads join such line, and excepting any roads for which the <br /> necessary approvals have been received, notices published, public hearing <br /> opportunities provided, and written findings made (2.07.6(2)(d)(iv)); <br /> h) Three hundred feet of an occupied dwelling unless a written waiver from the owner <br /> has been provided (2.07.6(2)(d)(v)). <br /> 5. On the basis of information submitted by Trapper Mining, Inc. in the form of cultural and <br /> archeological surveys of the entire permit area,the Division finds that subject to valid existing <br /> rights as of August 3, 1977,the mining operation will not adversely affect any publicly owned <br /> 12 <br />