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2025-07-08_REVISION - C1994082
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2025-07-08_REVISION - C1994082
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Last modified
7/10/2025 10:36:55 AM
Creation date
7/10/2025 7:16:31 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1994082
IBM Index Class Name
Revision
Doc Date
7/8/2025
Doc Name
Proposed Decision and Findings of Compliance
From
DRMS
To
Seneca Property LLC
Type & Sequence
RN6
Permit Index Doc Type
Findings
Email Name
RAR
JLE
Media Type
D
Archive
No
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satisfaction of the Division have been removed from this document. <br /> Section A: Findines Required by Rule 2.07.6 <br /> 1. The permit application is accurate and complete. All requirements of the Act and <br /> these rules have been complied with (2.07.6(2)(a)). <br /> 2. Based on information contained in the permit application and other information <br /> available to the Division, the Division finds that surface coal mining and reclamation <br /> can be feasibly accomplished at the Yoast Mine (2.07.6(2)(b)). <br /> 3. The assessment of the probable cumulative impacts of all anticipated coal mining in <br /> the general area on the hydrologic balance, as described in 2.05.6(3), has been made <br /> by the Division. In the past,the Division found that the operations proposed under the <br /> Application have been designed to prevent material damage to the hydrologic balance <br /> outside the proposed permit area [in compliance with Rule 2.07.6(2)(c).] The Division's <br /> Upper Yampa River Cumulative H� ig c Impact Statement was updated in 2021. <br /> This update included an analysis of data from water quality sampling of the Yampa <br /> River and tributaries potentially impacted by the Yoast Mine. The operations conducted <br /> at the site were designed to prevent material damage to the hydrologic balance outside <br /> the proposed permit area. See Section B. III (Probable Hydrologic Consequences)of this <br /> findings document for additional discussion of the predicted hydrologic consequences of <br /> mining operations at the Yoast Mine (2.05.6(3) and 4.05). <br /> 4. The Division finds that the affected area is, subject to valid rights existing as of 3 <br /> August 1977, not within: <br /> a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(1)) <br /> b) An area under study for designation as unsuitable for surface coal mining operations <br /> (2.07.6(2)(d)(10) <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 <br /> Wild and Scenic Rivers System including rivers under study for designation, and <br /> National Recreation Areas (2.07.6(2)(d)(111)(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)(110(13)) <br /> e) One hundred feet of a cemetery (2.07.6(2)(d)(111)(C)) <br /> f) The boundaries of any National Forest (2.07.6(2)(d)(111)(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 necessary <br /> approvals have been received, notices published, public hearing opportunities provided, <br /> and written findings made. The western portion of the Yoast Mine permit is within one <br /> hundred feet of the right of way of Routt County Road No. 37. Notice of opportunity for a <br /> public hearing regarding mining near this road was published by the Division in the <br /> Steamboat Pilot June 8, 1995. Because there was no response to the notice, no hearing was <br /> held (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. The western portion of the Yoast Mine permit area is within 300 feet <br /> of an occupied dwelling in Section 19. A written waiver signed by the owner of that <br /> dwelling is included in Appendix 22-2 of the permit application package (2.07.6(2)(d)(v)). <br /> i.) On the basis of information submitted by Seneca Property, LLC in the form of a letter <br /> of approval from the State Historic Preservation Office, the Division finds that subject to <br /> 8 <br />
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