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<br /> <br /> <br /> <br />PR-04, Colowyo Coal Mine C1981-019 31 August 2016 <br /> <br /> <br />4. On any Federal lands within the boundaries of any National Forest [in compliance with Rule <br />2.07.6(2)(d)(iii)(D)]; <br /> <br />5. Rule 2.07.6(2)(d)(iv) prohibits affected areas to be within 100 feet of public road rights-of- <br />way without certain waivers. In compliance with such waivers, two sediment control ponds and a <br />water pipeline are within 100 feet of public road rights-of-way. The Division found, after <br />necessary approvals have been received, notices published, public hearing opportunities <br />provided, and written findings made, that the interests of the public and affected landowners <br />would be protected from the proposed mining operations. Other affected areas are not within 100 <br />feet, measured horizontally, of the outside right-of-way line of any public road except where <br />mine access or haul roads join such roads. <br /> <br />6. Not within 300 hundred feet, measured horizontally, from any occupied dwelling [in <br />compliance with Rule 2.07.6(2)(d)(v)]. <br /> <br />7. Adverse Impacts. On the basis of information submitted by the Colowyo Coal Company, in <br />the form of cultural resource inventories and associated reviews and comments (in Exhibit 5 of <br />the permit), the Division finds that, subject to valid existing rights as of August 3, 1977, the <br />mining operation will not adversely affect any publicly owned park or place listed on or eligible <br />for listing in the National Register of Historic Places as determined by SHPO [in compliance <br />with Rule 2.07.6(2)(e)(i)]. <br /> <br />The Division requested a Section 106 Consultation from OSM for the Collom permit expansion <br />area. SHPO provided recommendations to ensure compliance with the National Historic <br />Preservation Act, National Environmental Policy Act, and eligibility for the National Register of <br />Historic Places. CCC provided a Cultural Resource Protection Plan (Exhibit 5, Item 3 in <br />Volume 16), and SHPO provided concurrence with this plan. CCC commits to conducting <br />additional baseline assessments of all NHRP eligible and “need data” sites within the proposed <br />Collom permit expansion area boundary. This baseline will evaluate previously identified sites, <br />as well as delineate high potential areas for cultural resources. If areas are identified as high <br />potential areas, additional monitoring will be required. This additional high potential monitoring <br />will be conducted prior to or concurrent with topsoil salvage, and a report prepared by a <br />Colorado-permitted archaeologist will be provided to the Division. CCC will conduct follow up <br />field investigations every four years, ceasing after 12 years if no effect determination is made for <br />impacts to historic or archaeological sites. Discontinuation of the additional field investigation <br />may be requested with coordination from the Division, OSM and SHPO. The Division finds this <br />commitment to be in compliance with Rule 2.07.6(2)(e)(iii). <br /> <br />8. Mineral and Surface Estates. Private mineral estate has, in part, been severed from private <br />surface estate. Colowyo owns all private lands to be affected within the Permit area.