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Findings of the <br />Colorado Division of Reclamation, Mining and Safety <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 Board <br />for Coal Mining and the approved program for the State of Colorado, the Division of <br />Reclamation, Mining and Safety or the Board must make specific written findings prior to <br />issuance 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 able <br />to operate in compliance with the Colorado Surface Coal Mining Reclamation Act and the <br />Regulations promulgated pursuant to the Act. <br />This findings document represents the third permit renewal, valid for the fourth permit term. The <br />formal findings in the following sections of this document, required by Rule 2.07.6(2), are listed <br />in 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 discipline <br />subtitles (please refer to table of contents of this document). <br />SECTION A <br />Findings Required by Rule 2.07.6(2) <br />1. The permit application is accurate and complete. All requirements of the Act and these <br />rules have been complied with (2.07.6(2)(a)). <br />2. Based on information contained in the permit application and other information available to <br />the Division, the Division finds that surface coal mining and reclamation can be feasibly <br />accomplished at the Hayden Gulch Loadout (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 office of the Division. The Division finds that <br />the operations proposed under the application have been designed to prevent damage to the <br />hydrologic balance outside the proposed 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, <br />1977, not 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 />12