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Findings of the Colorado Division of Reclamation, Mining and Safety <br />for the Eaule Mines <br />Introduction <br />The findings below pertain to the renewal of permit C-81-044 for the 5-year term 2008-2012. <br />The findings below which are required by Rule 2.07.6(2) are listed in the same order as they are <br />in that Rule. The findings and specific approvals below concerning Rule 4, that are required by <br />Rule 2.07.6(2)(m), are organized under subject or discipline subtitles as they are in Rule 4. <br />Information Sources of Findings <br />The findings below are based on information set forth in the permit application, renewal <br />application, and correspondence regarding those applications. Many of the findings below are <br />derived from the findings the Division made when the permit application was originally <br />approved and when previous renewal applications were approved. All findings below which are <br />derived from those earlier reviews have been reevaluated and updated, if necessary, to reflect <br />changes which have occurred during the most recent permit term. Any permit stipulations which <br />are no longer active are not included in this findings document. <br />Section A - Findings Required by Rule 2.07.6(2) <br />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 <br />to the Division, the Division finds that surface coal mining and reclamation can be feasibly <br />accomplished at the Eagle No. 5 and 9 Mines (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 damage <br />to the 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 <br />(2.07.6(2)(d)(i)); <br />b) An area under study for designation as unsuitable for surface coal mining <br />operations (2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife Refuge <br />System, the National System of Trails, the National Wilderness <br />Eagle Mine Complex 13 Permit Renewal 05 <br />C-1981-044 May 22, 2009