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FINDINGS OF THE COLORADO DIVISION OF MINERALS AND GEOLOGY FOR THE NEW ELK MINE Explanation of Findings Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, and the approved state program, the Division of Minerals and Geology or the Board must make specific written findings prior to issuance of a permit, permit renewal or permit revision. These findings are based on information made available to the Division that demonstrates that the applicant will be able to operate in compliance with the Colorado Surface Coal Mining Reclamation Act and the Regulations promulgated pursuant to the Act. The written findings in the following sections required by Rule 2.07.612) are listed in accordance with that Rule. The findings and specific approvals required pursuant to Rule 2.07.6(2)(m) are listed in accordance with Rule 4 and are organized under subject or discipline subtitles. This written findings document is updated upon permit renewal, which occurs every five years for most mines. This is the third renewal findings document (RN-03) for the New Elk Mine, which has afive-year permit term. The following findings were reevaluated and updated, if necessary, to reflect changes which have occurred during the past permit term. Any stipulations from the original permit and findings document or subsequent revisions that have been totally resolved to the satisfaction of the Division will be removed from the permit upon issuance. SECTION A Findings Reouired by Rule 2.07.612) 1. The permit application is accurate and complete. All requirements of the Act and these rules have been complied with (2.07.6(21(a)1• 2. Based on information contained in the permit application and other information available to the Division, the Division finds that surface coal mining and reclamation can be feasibly accomplished at the New Elk Mine (2.07.6(2)(b-1. 3. An assessment of the probable cumulative impacts of all anticipated coal mining in the general area on the hydrologic balance, as described in 2.05.6(31, has been made by the Division. This assessment entitled "Cumulative Hydrologic Impact Assessment, Purgatoire River Basin" is available for inspection at the offices of the Division. The Division finds that the operations proposed under the application have been designed to prevent damage to the hydrologic balance outside the proposed permit area (2.07.612)(c)1. 11