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Findings of the <br />Colorado Division of Reclamation, Mining and Safetv <br />for the Terror Creek Loadout <br />Explanation of Findings <br />Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board for Coal <br />Mining, and the approved state program, the Division of Reclamation, Mining and Safety or the Board must <br />make specific written findings prior to issuance of a permit, permit renewal or permit revision. These findings <br />are based on information made available to the Division that demonstrates that the applicant will be able to <br />operate in compliance with the Colorado Surface Coal Mining Reclamation Act and the Regulations <br />promulgated pursuant to the Act. <br />The findings in the following sections required by Rule 2.07.6(2) are listed in accordance with that Rule. The <br />findings and specific approvals required pursuant to Rule 2.07.6(2)(m) are listed in accordance with Rule 4 and <br />are organized under subject or discipline subtitles. <br />This findings document is updated upon permit renewal, which occurs every five years for most mines. This is <br />the renewal findings document for the Terror Creek Loadout, which has a five-year permit term. The <br />following findings were reevaluated and updated if necessary to reflect changes which have occurred during <br />the past permit term. Any stipulations from the original permit and findings document have been totally <br />resolved to the satisfaction of the Division and have therefore been removed from this document. <br />Section A <br />Findings Required by Rule 2.07.6(2). <br />The permit application is accurate and complete. All requirements of the Act and these rules have <br />been complied with (2.07.6(2)(a)). <br />2. Based on information contained in the permit application and other information available to the <br />Division, the Division finds that surface coal mining operations and reclamation can be feasibly <br />accomplished at the Terror Creek Loadout (2.07.6(2)(b)). <br />The assessment of the probable cumulative impacts of all anticipated coal mining in the general area <br />on the hydrologic balance, as described in 2.05.6(3), has been made by the Division. This assessment, <br />entitled "Cumulative Hydrologic Impact Study - North Fork of the Gunnison River," is available for <br />inspection at the offices of the Division. The Division finds that the operations proposed under the <br />application have been designed to prevent damage to the hydrologic balance outside the proposed <br />permit area (2.07.6(2)(c)). <br />4. The Division finds that the permit area is, subject to valid rights existing as of August 3, 1977, not <br />within: <br />a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)); <br />b) An area under study for designation as unsuitable for surface coal mining operations <br />(2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife Refuge System, the National <br />System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers