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o A study of the potential impact to water quality in the North Fork as a result of discharge of water. from flooded workings through the permanent mine seals following permanent reclamation was made. This study indicated that the standards for a few parameters may be exceeded in the unlikely event that water leaked from the seals. Due to the northerly dip of the coal seam, the only mines where this is possible are Mt. Gunnison No.l and Bear No. 1, 2, and 3. The magnitude of the exceedance would not be likely to result in degradation of stream quality in the North Fork below the applicable standards. The complete Cumulative I{ydrologic Impact Assessment for the North Fork of the Gunnison River can be found in the July 21, 1988 Findings of Compliance for the Orchard Valley Mine. 4. The Division finds that the permit area is, subject to valid rights existing as of August 3, 1977, not within: a) An area designated unsuitable for surface coal mining operations (2.07.6 (2 )(d)(i)); b) An area under study for designation as unsuitable for surface coal mining operations (2.07.6 (2 )(d)(ii)); c) The boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System including rivers under study for designation, and National Recreation Areas (2.07.6(2)(d)(iii)(A)); d) Three hundred feet of any public building, school, church, community or institutional building, or public park (2.07.6 (2 )(d)(iii)(B)); e ) One hundred feet of a cemetery (2.07.6 (2) (d) (iii) (C)) ; f) The boundaries of any National Forest (2.07.6 (2 )(d )(iii )(D )); g) One hundred feet of the outside right-of-wdy line of arty public road except where the loadout haul road joins such line at Highwdy 133. (2.07.6(2)(d)(iv)); h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been provided. Exhibit 1 of the permit application contains a letter from a resident south of the loadout consenting to their operations within 300 feet of his dwelling. (2.07.6(2)(d)(v)). On the basis of information submitted by Terror Creek Company, the Division finds that subject to valid existing rights as of August 3, 1977, the mining operation will not adversely affect any publicly owned park or place listed on the National Register of Historic Places. See Exhibit 5 and pages 2.04-5 and 2.04-6 of the permit application for this information. (2.07.6 (2 )(e)(i)). -14-