2011-01-13_REVISION - C1980006 (9)

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Findings of the Colorado Division of Reclamation, Mining and Safety Pursuant to Rule 2.07.6(2) of the Regulations of the Colorado Mined Land Reclamation Board for Coal Mining, and to the approved State program, the Division of Reclamation, Mining and Safety or the Board must make specific findings prior to issuance of a permit, permit renewal, or permit revision. These findings are based on information made available to the Division that demonstrates that the applicant will be able to operate in compliance with the Colorado Surface Coal Mining Reclamation Act and the Regulations promulgated pursuant to the Act. The findings in the following sections required by Rule 2.07.6(2) are listed in accordance with that Rule. The findings and specific approvals required pursuant to Rule 2.07.6(2)(m) are listed in accordance with Rule 4 and are organized under subject or discipline subtitles. This findings document is updated upon permit renewal, which occurs every five years for most mines. This is the renewal findings document for the Marr Mine, which has a five-year permit term. The following findings were reevaluated and updated to reflect changes that have occurred during the past permit term. All stipulations from the original permit and findings document and subsequent revisions have been listed in this document. SECTION A Findings Required by Rule 2.07.6(2) 1. The permit application is accurate and complete. All requirements of the Act and these rules have been complied with (2.07.6(2)(a)). 2. Based on information contained in the permit application and other information available to the Division, the Division finds that surface coal mining and reclamation can be feasibly accomplished at the Marr Mine (2.07.6(2)(b)). 3. The assessment of the probable cumulative impacts of all anticipated coal mining in the general area on the hydrologic balance, as described in 2.05.6(3), has been made by the Division. This assessment, entitled "North Park Cumulative Hydrologic Impact Assessment," was not revised for this renewal. The Division finds that the operations proposed under the application have been designed to prevent damage to the hydrologic balance outside the proposed permit area (2.07.6(2)(c)). Probable Hydrologic Consequences Groundwater There are three units of interest in the Marr permit area: the Sudduth coal seam, upland terrace deposits, and alluvial deposits. The underburden at the site is the relatively impermeable Pierre shale, with a permeability of 9.15 gpd/ft2. The overburden sequence 16