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3. The assessment of the probable cumulative impacts on the hydrologic balance of all <br />anticipated coal mining in the general area, as described in 2.05.6(3), has been made by <br />the Division. This assessment, entitled "Yampa River Cumulative Hydrologic Impact <br />Assessment", is available for inspection at the Division's Denver office. The Division <br />finds that the operations proposed under the application have been designed to prevent <br />damage to the hydrologic balance outside the permit area. Please refer to section B. III of <br />this document for additional discussion of the probable hydrologic consequences of the <br />Yoast Mine (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 <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 Preservation <br />System, the Wild and Scenic Rivers System including rivers under study for <br />designation, and National Recreation Areas (2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or <br />institutional building, or public park (2.07.6(2)(d)(iii)(B)); <br />e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); <br />f) The boundaries of any National Forest. (2.07.6(2)(d)(iii)(D)); <br />g) One hundred feet of the outside right-of-way line of any public road except where <br />mine access or haul roads join such line, and excepting any roads for which the <br />necessary approvals have been received, notices published, public hearing <br />opportunities provided, and written findings made. <br />The western portion of the Yoast permit is within one hundred feet of the right-of- <br />way of Routt County Road 37. Notice of opportunity for a public hearing <br />regarding mining near this road was published by the Division in the Steamboat <br />Pilot June 8, 1995. Because there was no response to the notice, no hearing was <br />held (2.07.6(2)(d)(iv)). <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the <br />owner has been provided. The western portion of the Yoast permit area is within <br />300 feet of an occupied dwelling in Section 19. A written waiver signed by the <br />owner of that dwelling is included in Appendix 22-2 of the permit application <br />package (2.07.6(2)(d)(v)). <br />Yoast Mine 18 December 15, 2010