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<br />The proposed mining operation will have little if any effect on the post- <br />mining recharge capacity. Studies done by the applicant conclude that the <br />recharge capacity of the reclaimed spoils will actually be slightly higher <br />than the pre-mine condition. The applicant estimated the pre-mining <br />infiltration rate to be approximately 10-5 to 10-6 ctn/sec. Reclaimed <br />spoils are expected to have an infiltration rate of 10-3 to 10-4 cm/sec. <br />The mine activities should not impact an regional aquifers except the <br />Third White Sandstone. Mined strata dip deeply below the Yampa River <br />alluvial aquifer and communication of these strata and the alluvial <br />aquifer is negligible. <br />All impacts are projected to be within acceptable limits; therefore, the <br />Division finds that the operations proposed under the application have <br />been designed to prevent damage to the hydrologic balance outside the <br />proposed permit area. (2 .07.6(2)(c)). <br />4. The Division finds that the permit area is, subject to valid rights <br />existing as of August 3, 1977, not within: <br />a) An area designated unsuitable for surface coal mining operations <br />(2 .07.6(2)(d)(i)); <br />b) An area under study for designation ae unsuitable for surface coal <br />mining operations (2 .07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife <br />Refuge System, the National System of Trails, the National <br />Wilderness Preservation System, the Wild and Scenic Rivers System <br />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 <br />or institutional building, or public park (2 .07.6(2)(d)(iii)(B)); <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 <br />compatibility has been made by the Secretary of the U.S. Department <br />of Agriculture. (2 .07.6 (2)(d)(iii)(D)); <br />g) One hundred feet of the outside right-of-way line of any public road <br />except where mine access or haul roads join ouch line, and excepting <br />any roads for which the necessary approvals have been received, <br />notices published, public hearing opportunities provided, avid <br />written findings made (2.07.6(2)(d)(iv)); <br />h) Three hundred feet of an occupied dwelling unless a written waiver <br />from the owner has been provided (2 .07.6(2)(d)(v)). <br />5. On the basis of information submitted by Trapper Mine in the form of <br />cultural and archeological surveys of the entire permit area, the Division <br />finds that subject to valid existing rights as of August 3, 1977, the <br />mining operation will not adversely affect any publicly owned park or <br />place listed on or eligible for listing in the National Register of <br />Historic Places as determined by the State Historic Preservation Office. <br />Sites SMF290/949 and SMF948 are eligible to the National Register of <br />Historic Places. However, neither site is proposed tc be disturbed by <br />mining operations. A letter from James E. Hartman, the State Historic <br />Preservation Officer dated July 20,1992 stated that there were two sites <br />located within the mine boundary that were eligible. However, phone <br />contact with James Green of the State Historic Preservation office on July <br />27,1992 indicated that both of the sites had no significance. <br />(2.07.6(2)(e)(i)). <br />Page 12 <br />