2013-10-07_REVISION - C1981025 ‎(8)‎

• Permit No: C1981025
• IBM Index Class Name: Revision
• Doc Date: 10/7/2013
• Doc Name: Proposed Decision and Findings of Compliance
• From: DRMS
• To: Minrec Inc
• Type & Sequence: RN6
• Email Name: BFB
• Email Name: SB1
• Media Type: D
• Archive: No

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));

b) An area under study for designation as unsuitable for surface coal mining operations
(2.07.6(2)(d)(ii));

c) The boundaries of the National Park System, the National Wildlife Refuge System,
the National System of Trails, the National Wilderness Preservation System, the Wild
and Scenic Rivers System including rivers under study for designation, and National
Recreation Areas (2.07.6(2)(d)(iii)(A));

d) Three hundred feet of any public building, school, church, community or institutional
building, or public park (2.07.6(2)(d)(iii)(B));

e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C));

f) The boundaries of any National Forest unless the required finding of compatibility
has been made by the Secretary of the U.S. Department of Agriculture
(2.07.6(2)(d)(iii)(D));

g) One hundred feet of the outside right-of-way line of any public road except where
mine access or haul roads join such line, and excepting any roads for which the
necessary approvals have been received, notices published, public hearing
opportunities provided, and written findings made (2.07.6(2)(d)(iv));

h) Three hundred feet of an occupied dwelling unless a written waiver from the owner
has been provided (2.07.6(2)(d)(v)).

5. The Division finds that subject to valid existing rights as of August 3, 1977, the mining
operation will not adversely affect any publicly owned park or place listed on or eligible
for listing in the National Register of Historic Places as determined by the State Historic
Preservation Office (2.07.6(2)(e)(i)). This finding is based on information presented in the
permit application and on 1) a study conducted by Century Research, Inc., entitled "A
Cultural Resource Inventory of Four Proposed Core Drill Locations for Anschutz Coal
Corporation's Operations in the White River National Forest, Pitkin, County, Co."

6. For this surface mining operation, private mineral estate has not been severed from private
surface estate, therefore, the documentation specified by Rule 2.03.6(2) is not required
(2.07.6(2)(f)).

7. On the basis of evidence submitted by the applicant and received from other state and
federal agencies as a result of the Section 34-33-114(3) compliance review required by the
Colorado Surface Coal Mining Reclamation Act, the Division finds that on January 23,
2013, MINREC, Inc. does not own or control any operations which are currently in
violation of any law, rule, or regulation of the United States, or any State law, rule, or

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