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1. The permit application is accurate and complete. All requirements of the Act and these <br /> rules have been complied with (2.07.6(2)(a)). <br /> 2. Based on information contained in the permit application and other information available <br /> to 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 <br /> the Division. This assessment, titled Yampa River Cumulative Hydrologic Impact <br /> Assessment(CHIA), is available for inspection at the Division's Denver office. The Tie - <br /> Across Haul Road (TAHR)was approved as part of the Seneca II-W permit through TR- <br /> 2 June 23, 1989). Eleven revisions of the Yampa River CHIA have occurred since the <br /> approval of the TAHR, with May, 2010 as the most recent revision. The TAHR was <br /> removed from the Seneca II-W permit with the approval of PR-6 (January 6, 2012), and <br /> incorporated into the Loadout permit with the approval of PR-1 (November 28, 2011). <br /> The Division finds that the operations proposed in the application have been designed to <br /> prevent damage to the hydrologic balance outside the permit area. Please refer to Section <br /> B. III of the permit for additional discussion of the probable hydrologic consequences of <br /> the Hayden Gulch 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 /> 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)(13)); <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 /> 13 <br />