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FINDINGS OF THE COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />for the <br />McClane Canyon Mine (RN-07) <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 <br />the Board must make specific written findings prior to issuance of a permit, permit renewal or <br />permit revision. These findings are based on information made available to the Division that <br />demonstrates that the applicant will be able to operate in compliance with the Colorado Surface <br />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 the seventh permit renewal, for a new five year <br />permit term, for the period July 6, 2011 to July 6, 2016. The following findings were reevaluated <br />and updated as necessary to reflect changes that have occurred during the past permit term. Any <br />stipulations from the original permit and findings document or subsequent revisions that have been <br />totally resolved to the satisfaction of the Division, have been removed from this 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 Rules <br />have been met (2.07.6(2)(a)). <br />2. Based on information contained in the permit application and other information available to <br />the Division, the Division finds that surface coal mining and reclamation can be feasibly <br />accomplished at the McClane Canyon Mine (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 "Bast Salt Creek Cumulative Hydrologic Impact <br />Statement" is available for inspection at the Denver office of the Division. The Division <br />finds that the operations proposed under the application have been designed to prevent <br />damage to the hydrologic balance outside the proposed permit area (2.07.6(2)(c)). Please <br />refer to Section B.III (Probable Hydrologic Consequences) of this document for additional <br />discussion of the predicted hydrologic consequences of mining operations at the McClane <br />Canyon Mine. <br />4. The Division finds that the affected 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 />10