2011-11-22_REVISION - C1992081

• Permit No: C1992081
• IBM Index Class Name: REVISION
• Doc Date: 11/22/2011
• Doc Name: Proposed Decision & Findings of Compliance
• From: DRMS
• To: Hayden Gulch Terminal, LLC
• Type & Sequence: PR1
• Email Name: JDM
• Media Type: D
• Archive: No

Findings of the Colorado Division of Reclamation, Mining, and Safety
for the Hayden Gulch Loadout
Information Source and Order of Findings
These findings are based on information made available to the Division that demonstrates 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. As explained in the
preceding section titled Introduction, various state laws require that these findings be made prior
to approval of a permit renewal or revision.
The findings which are required by Section 2.07.6(2) of the Regulations are listed in the same
order as they are listed in that Section. The findings and specific approvals required by Section
2.07.6(2)(m) and Rule 4 are listed in the same order as they are listed in Rule 4, and are
organized under subject or discipline subtitles.
These findings were reevaluated and updated from the previous findings document to reflect
changes which have occurred during the past permit term. Any stipulations from the original
permit and findings document or subsequent revisions that have been totally resolved to the
satisfaction of the Division have been removed from this document.
Part A - Findings required by Section 2.07.6(2)
1. The permit application is accurate and complete. All requirements of the Act and the
Regulations promulgated thereunder 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 Hayden Gulch Loadout (2.07.6(2)(b)).
3. The assessment of the probable cumulative impacts on the hydrologic balance by all
anticipated coal mining in the general area, as described in 2.05.6(3), has been made by the
Division. This assessment, titled Yampa River Cumulative Hydrologic Impact Assessment
(CHIA), is available for inspection at the Division's Denver office. The TAHR was
approved as part of the Seneca II -W permit through TR -02 (June 23, 1989). Eleven
revisions of the Yampa River CHIA have occurred since the approval of the TAHR, with
May 4, 2010 as the most recent revision. The Division finds that the operations proposed in
the application have been designed to prevent damage to the hydrologic balance outside the
permit area. Please refer to Section B. III. of the permit for additional discussion of the
probable hydrologic consequences of the Hayden Gulch Loadout (2.07.6(2)(c)).
4. The Division finds that the affected area is, subject to valid rights existing as of August 3,
1977, not within:
a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i));
Hayden Gulch Loadout 16 November 22, 2011