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For further description of the cumulative impacts, see the Tongue Creek, <br />Colorado CHIS, available in Division offices. Based upon the analyses <br />performed in the CHIS and in individual findings documents, the Division makes <br />the following finding regarding the proposed Red Canyon Mines: <br />The Red Canyon Mines have been designed to prevent material damage to the <br />hydrologic balance outside the permit area. <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 as unsuitable far 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, <br />community or institutional building, or public park <br />(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(2.07.6(2)(d)(iii)(D)); <br />g) The permit area includes portions of Delta County Roads T50 and <br />2075 Drive. The permit application contains no documentation that <br />County approval was ever acquired for mining within 100 feet of the <br />County roads. Consequently, the following stipulation is imposed <br />(2.07.6(2)(d)(iv): <br />Stipulation 10: <br />WITHIN SIX (6) MONTHS OF PERMIT APPROVAL, THE APPLICANT SHALL <br />PROVIDE DOCUMENTATION OF COUNTY APPROVAL FOR INCLUSION OF COUNTY <br />ROADS T50 AND 2075 DRIVE WITHIN THE PERMIT AREA. <br />h) This permit renewal application is an application for reclamation <br />only. As such, there are not consent waivers from owners of <br />occupied dwellings located within 300 feet of the permit area per <br />Rule 2.07.6(2)(d)(v) <br />5. On the basis of information submitted by Grand Mesa Coal Company in the <br />form of a survey by Nickens and Associates (Appendix C of Permit <br />Application) the Division finds that subject to valid existing rights as <br />of August 3, 1977, the mining operation will not adversely affect any <br />publicly owned park or place listed on the National Register of Historic <br />Places (2.07.6(2)(e)(i)). <br />-13- <br />