Laserfiche WebLink
Corner. The timing of the relocation and restoration is given in Table 2.05.3(3) -3. <br />Users west on BB Road have been provided new access using the existing county road <br />(BB 27) that goes west from 2700 Road approximately 1300 feet south of the <br />Sunshine Ranch Corner. An extension of this road was constructed to provide access <br />to the Enstrom and Wilcox properties. These are the only users of the western portion <br />of BB Road who have been affected by the operation. BB Road ends at the Wilcox <br />property. Map 2.05.3(3) -8 shows the BB 27 Road extension in plan view. Design and <br />construction of this road, which lies outside of the permit boundary, was accomplished <br />under an agreement between Western Fuels- Colorado, Montrose County, and the <br />Morgans. A detailed plan with engineering drawings of the detour was supplied to <br />Montrose County for approval together with the revised special use permit application <br />for the mine. <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner <br />has been provided (2.07.6(2)(d)(v)). <br />Mine operations, including blasting, extraction and reclamation, will occur within <br />three hundred feet of the home of Frank and Mary Lou Morgan. A waiver signed by <br />the Morgans is provided in Attachment 2.03.7 -1. <br />5. On the basis of information submitted by The Colorado Historical Society in the form of a <br />letter received October 19, 1999, from Susan M. Collins, Deputy State Historic <br />Preservation Officer, the Division finds that, subject to valid existing rights as of August 3, <br />1977, the mining operation will not adversely affect any publicly owned park or place listed <br />on the National Register of Historic Places (2.07.6(2)(e)(i)). <br />6. For this surface mining operation, private mineral estate has been severed from private <br />surface estate in some cases; therefore, the documentation specified by Rule 2.03.6(2) has <br />been provided in Section 2.03.6 of the New Horizon 2 permit application (2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34- 33- 114(3) compliance review required by the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that Western <br />Fuels- Colorado, a Limited Liability Company, does not own or control any operations <br />which are currently in violation of any law, rule, or regulation of the United States, or any <br />State law, rule, or regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />8. The operator does not control and has not controlled mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and with such resulting <br />irreparable damage to the environment as to indicate an intent not to comply with the <br />provisions of the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area (2.07.6(2)(i)). <br />24 <br />