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FINDINGS OF THE <br />COLORADO DIVISION OF MINERALS AND GEOLOGY <br />FOR THE HAYDEN GULCH LOADOUT <br />EXPLANATION OF FINDINGS <br />Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation <br />Board for Coal Mining, and the approved program for the State of Colorado, the Division <br />of Minerals and Geology or the Board must make specific written findings prior to issuance <br />of a permit, permit renewal or permit revision. These findings are based on information <br />made available to the Division by the applicant that demonstrates that the applicant will be <br />able to operate in compliance with the Colorado Surface Coal Mining Reclamation Act and <br />the Regulations promulgated pursuant to the Act. <br />This findings document represents the initial document for this permit. The formal findings <br />in the following sections of this document, required by Rule 2.07.6(2), are listed in <br />accordance with that Rule. The findings and specific approvals required pursuant to Rule <br />2.07.6(2)(m) are listed in accordance with Rule 4 and are organized under subject or <br />discipline subtitles (please refer to table of contents of this document). <br />SECTION A <br />Findings Rewired bX Rule 2.07.6(2 <br />I. The permit application is accurate and complete. All requirements of the Act and <br />these rules have been complied with (2.07.6(2)(a)). <br />2. Based on information contained in the permit application and other information <br />available to the Division, the Division finds that surface coal mining and reclamation <br />can be feasibly accomplished at the Hayden Gulch Loadout and Rai] Loop <br />(2.07.6(2)(b)). <br />3. The assessment of the probable cumulative impacts of all anticipated coal mining in the <br />general area on the hydrologic balance, as described in 2.05.6(3), has been made by the <br />Division. This assessment, entitled "Yampa River Cumulative Hydrologic Impact <br />Statement," is available for inspection at the offices of the Division. The Division finds <br />that the operations proposed under the application have been designed to prevent <br />damage to the hydrologic balance outside the proposed permit area (2.07.6(2)(c)). <br />The Division finds that the permit area is, subject to valid rights existing as of <br />August 3, 1977, not within: <br />a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)); <br />12 <br />