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C-1981-022 <br />RN-05 Findings <br />February 2009 <br />Findings of the <br />Colorado Division of Reclamation, Mining and Safety <br />for <br />Elk Creek and Sanborn Creek Mines <br />Explanation of Findings <br />Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board for <br />Coal Mining and the approved state program, the Division of Reclamation, Mining and Safety or the <br />Mined Land Reclamation Board must make specific written findings prior to issuance of a permit, <br />permit renewal or permit revision. These findings are based on information made available to the <br />Division that demonstrates that the applicant will be able to operate in compliance with the Colorado <br />Surface Coal Mining Reclamation Act and the Regulations 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 <br />Rule. The findings and specific approvals required pursuant to Rule 2.07.6(2)(m) are listed in <br />accordance with Rule 4 and are organized under subject or discipline subtitles. <br />This Findings Document has been updated for this permit revision. The following findings have <br />been reevaluated and updated as necessary to reflect changes which will occur as a result of this <br />permit renewal. <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 rules <br />have 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 and reclamation can be feasibly <br />accomplished at the Elk Creek and Sanborn Creek Mines (2.07.6(2)(b)). <br />3. The assessment of the probable cumulative impacts of all anticipated coal mining in the general <br />area on the hydrologic balance as described in 2.05.6(3) has been made by the Division. This <br />assessment, entitled "Cumulative Hydrologic Impact Study; North Fork of the Gunnison River," <br />is available for inspection at the offices of the Division. The Division finds that the operations <br />proposed under the application have been designed to prevent damage to the hydrologic balance <br />outside the proposed permit area (2.07.6(2)(c)). <br />15