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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 <br />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 to <br />prevent damage to the hydrologic balance outside the proposed permit area <br />(2.07.6(2)(c)). <br />4. The Division finds that the affected 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 <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 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 unless the required finding of <br />compatibility has been made by the Secretary of the U.S. Department of <br />Agriculture (2.07.6(2)(d)(iii)(D)); <br />g) One hundred feet of the outside right -of -way line of any public road except <br />where mine access or haul roads join such line, and excepting any roads for <br />which the necessary approvals have been received, notices published, public <br />hearing opportunities provided, and written findings made (2.06.7(2)(d)(iv)); <br />h) Three hundred feet of an occupied dwelling unless a written waiver from <br />the owner has been provided. Two dwellings appear to lie within 310 to 400 feet <br />of the Jansen Loadout. Occupied dwellings included in the permit area at the <br />mine site that will be undermined will be protected by limited extraction as <br />detailed in Exhibit 24 of the PR -02 application materials (2.07.6(2)(d)(v)). <br />8 <br />