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FINDINGS OF THE COLORADO DIVISION OF MINERALS AND GEOLOGY <br />FOR THE NEW ELK MINE <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 state program, the Division of Reclamation, Mining, and <br />Safety or the Board must make specific written findings prior to issuance of a permit, permit <br />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 <br />Colorado Surface Coal Mining Reclamation Act and the Regulations promulgated pursuant to <br />the Act. <br />The written findings in the following sections required by Rule 2.07.6(2) are listed 'in <br />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. <br />The following findings were reevaluated and updated, if necessary, to reflect changes that will <br />occur as a result of Permit Revision No. 3. <br />SECTION A <br />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 <br />available to the Division, the Division finds that surface coal mining and reclamation can <br />be feasibly accomplished at the New Elk Mine (2.07.6(2)(b)). <br />3. An 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 <br />the Division. This assessment entitled "Cumulative Hydrologic Impact Assessment, <br />Purgatoire River Basin" is available for inspection at the offices of the Division. The <br />Division finds that the operations proposed under the application have been designed <br />to prevent damage to the hydrologic balance outside the proposed permit area <br />(2.07.6(2)(c)). <br />4. The Division finds that the permit area at both the mine site and the Jansen Loadout <br />are, subject to valid rights existing as of August 3, 1977, not within: <br />a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)); <br />8