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<br /> <br />SUBMITTED BY THE PERMITTEE TO THE DIVISION TO MORE ADEQUATELY <br />ADDRESS CERTAIN ISSUES. <br />1. THE PERMITTEE SHALL SUBMIT BY FEBRUARY 21, 1994 A MORE PRECISE <br />DEFINITION OF THE EFFECTS OF LONGWALL MINING SUBSIDENCE ON THE <br />SURFACE WATER AND GROUNDWATER SYSTEMS; <br />2. THE PERMITTEE SHALL SUBMIT BY MARCH 21, 1994 AN ANALYSIS OF <br />THE PREDICTIONS WITH REGARD TO THE HYDROLOGIC BALANCE MADE <br />IN THE PERMITTEE'S AUGUST 12, 1980 WATER, WASTE AND LAND, LTD. <br />HYDROLOGY REPORT. THIS ANALYSIS SHALL BE DERIVED FROM DATA <br />OBTAINED IN CONJUNCTION WITH THE CURRENTLY APPROVED <br />HYDROLOGIC MONITORING PLAN ESTABLISHED PURSUANT TO RULES <br />2.05.613)Iblliv) AND 4.05.13. <br />3. THE PERMITTEE SHALL SUBMIT BY MARCH 21, 1994 A PLAN FOR MONI- <br />TORING THE INFLOW INTO THE MINE FROM THE TRINIDAD SANDSTONE <br />THAT WILL VERIFY THE PREDICTIONS MADE BY THE PERMITTEE IN ITS <br />DETERMINATION OF PROBABLE HYDROLOGIC CONSEQUENCES. <br />4. The Division finds that the permit area is, subject to valid rights existing as of <br />August 3, 1977, not within: <br />al An area designated unsuitable for surface coal mining operations <br />(2.07.6(2)(d)(i)); <br />b) An area under study for designation as unsuitable for surface coal mining <br />operations (2.07.6(2)(d)liil); <br />c) The boundaries of the National Park System, the National Wildlife Refuge <br />System, the National System of Trails, the National Wilderness Preservation <br />System, the Wild and Scenic Rivers System, including rivers under study for <br />designation, and National Recreation Areas (2.07.6(2)(d)(iii)(Al); <br />d) Three hundred feet of any public building, school, church, community or <br />institutional building, or public park (2.07.6(2)(d)(iii)(BI1; <br />e) One hundred feet of a cemetery (2.07.6(2)(dl(iii)(C)); <br />fl The boundaries of any National Forest unless the required finding of <br />compatibility has been made by the Secretary of the U.S. Department of <br />Agriculture (2.07.6(2)(d)liii)(D)); <br />g) One hundred feet of the outside right-of-way line of any public road except <br />where mine access or haul roads join such line, and excepting any roads for <br />which the necessary approvals have been received, notices published, public <br />hearing opportunities provided, and written findings made (2.06.7(21(dlliv)1; <br />hl Three hundred feet of an occupied dwelling unless a written waiver from the <br />owner has been provided (2.07.6(2)(dl(v)). <br />5. On the basis of information submitted by Basin Resources, Inc. in the form of a letter <br />written by the Colorado Historical Society shown in Exhibit 5, the Division finds that, <br />subject to valid, existing rights as of August 3, 1977, the mining operation will not <br />adversely affect any publicly owned park or place listed on or eligible for listing in the <br />9 <br />