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Findings of the Colorado Division of Reclamation, Mining, and Safety <br /> for the Hayden Gulch Loadout <br /> Explanation of Findings <br /> Pursuant 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 <br /> or 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 /> demonstrate 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. The <br /> findings and specific approvals required by Section 2.07.6(2)(m) and Rule 4 are listed in this <br /> document in the same order as they are listed in Rule 4, and are organized under subject or <br /> discipline subtitles. <br /> These findings were reevaluated and updated from the previous findings document to reflect <br /> changes which have occurred since the approval of Permit Renewal No. 5 (RN-5) on February 5, <br /> 2018. Any stipulations from the original permit and findings document or subsequent revisions <br /> that have been totally resolved to the satisfaction of the Division have been removed from this <br /> document. <br /> Section A - Findings required by Section 2.07.6 <br /> 1. The permit application is accurate and complete. All requirements of the Act and the <br /> Regulations promulgated thereunder have been complied with (2.07.6(2)(a)). <br /> 2. Based on information contained in the permit application and other information available to <br /> the Division, the Division finds that surface coal mining and reclamation can be feasibly <br /> accomplished at the Hayden Gulch Loadout(2.07.6(2)(b)). <br /> 3. The assessment of the probable cumulative impacts on the hydrologic balance by all <br /> anticipated coal mining in the general area, as described in 2.05.6(3),has been made by the <br /> Division. This assessment, titled Yampa River Cumulative Hydrologic Impact Assessment <br /> (CHIA), is available for inspection at the Division's Denver office. The Tie-Across Haul <br /> Road(TAHR)was approved as part of the Seneca II-W permit through TR-02 (June 23, <br /> 1989). Eleven revisions of the Yampa River CHIA have occurred since the approval of the <br /> TAHR,with May 4, 2010 as the most recent revision. The TAHR was removed from the <br /> Seneca II West permit with the approval of PR6 (January 6, 2012), and incorporated into the <br /> Loadout permit with the approval of PR1 (November 28, 2011). The Division finds that the <br /> operations proposed in the application have been designed to prevent damage to the <br /> hydrologic balance outside the permit area. Please refer to Section B. III of the PAP for <br /> additional discussion of the probable hydrologic consequences of the Loadout(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 /> 13 <br />