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Findings of the <br />Colorado Division of Minerals and Geology <br />for <br />Red Canyon Mine <br />Explanation of Findings <br />Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining, and the approved state program, the Division <br />of Minerals and Geology or the Board must make specific written findings prior <br />to issuance of a permit, permit renewal, or permit revision. These findings are <br />based on information made available to the Division that demonstrates that the <br />applicant will be able to operate in compliance with the Colorado Surface Coal <br />Mining Reclamation Act and the Regulations promulgated pursuant to the Act. <br />The findings in the following sections required by Rule 2.07.6(2) are listed in <br />accordance with that Rule. The findings and specific approvals required pursuant <br />to Rule 2.07.6(2)(m) are listed in accordance with Rule 4 and are organized under <br />subject or discipline subtitles. <br />This findings document is updated upon permit renewal, which occurs every five <br />years for most mines. This is the renewal findings document for the Red Canyon <br />Mine, and is being granted for reclamation-only activities during a five-year <br />permit term. The following findings were reevaluated and updated to reflect <br />changes which have occurred during the past permit term. Any stipulations from <br />the original permit and findings document or subsequent revisions that have been <br />totally resolved to the satisfaction of the Division, have been removed from this <br />document. <br />SECTION A <br />Findings Required by Rule 2.07.6(2). <br />1. The permit application is accurate and complete. All requirements of the <br />Act and these rules have been complied with (2.07.6(2)(a)). <br />2. Based on information contained in the permit application and other <br />information available to the Division, the Division finds that surface coal <br />mining and reclamation can be feasibly accomplished at the Red Canyon Mine <br />(2.07.6(2)(b)). <br />3. The assessment of the probable cumulative impacts of all anticipated coal <br />mining in the general area on the hydrologic balance, as described in <br />2.05.6(3), has been made by the Division. This assessment, "Cumulative <br />Hydrologic Impact Study - Tongue Creek," is available for inspection at the <br />offices of the Division. The Division finds that the operations proposed <br />under the application have been designed to prevent damage to the hydrologic <br />balance outside the proposed permit area (2 .07.6(2)(c)). <br />4. The Division finds that the permit area is, subject to valid rights existing <br />as of August 3, 1977, not within: <br />9 <br />