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2016-12-05_REVISION - C1984065 (11)
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2016-12-05_REVISION - C1984065 (11)
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Last modified
12/6/2016 6:38:33 AM
Creation date
12/5/2016 2:02:57 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1984065
IBM Index Class Name
Revision
Doc Date
12/5/2016
Doc Name
Proposed Decision and Findings of Compliance
From
C.B. Minerals Company, LLC
To
DRMS
Type & Sequence
RN7
Email Name
CCW
JRS
Media Type
D
Archive
No
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c) the boundaries of the National Park System, the National Wildlife Refuge System, the National <br />System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System <br />including rivers under study for 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 institutional building, or public <br />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 [2.07.6(2)(d)(iii)(D)]. <br />g) one hundred feet of the outside right-of-way line of any public road except where mine access or <br />haul roads join such line, and excepting any roads for which the necessary approvals have been <br />received, notices published, public hearing opportunities provided, and written findings made <br />[2.07.6(2)(d)(iv)]. Garfield County Road 335 was to be upgraded and used as a haul road. Public <br />hearings regarding use of this road for coal haulage were held in conjunction with the review of NCIGs <br />application for Permit Revision No. 1 in 1990. At that time, the Division found in writing and the Board <br />approved the inclusion of the road in the permit area. The present north boundary of the permit area is <br />contiguous to the south right-of-way boundary of Garfield County Road 335. However, these <br />contiguous areas are unaffected (no surface disturbance or disturbance from underground mining <br />activities). <br />h) three hundred feet of an occupied dwelling [2.07.6(2)(d)(v)]. <br />5. On the basis of information submitted by Nickens & Associates in the form of a study, Storm King <br />Mines Cultural Resource Survey (9183), and concurrence from the Colorado Historical Preservation <br />Officer in a letter dated October 15, 1996, the Division finds that subject to valid existing rights as of <br />August 3, 1977, the mining operation will not adversely affect any publicly owned park or place listedon <br />or eligible for listing in the National Register of Historic Places as determined by the State Historic <br />Preservation Office [2.07.6(2)(e)(i)]. <br />6. For this surface mining operation, private mineral estate has not been severed from private surface <br />estate, therefore, the documentation specified by Rule 2.03.6(2) is not required [2.07.6(2)(f)]. <br />7. On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-14(3) compliance review required by the Colorado Surface <br />Coal Mining Reclamation Act, CB Minerals Company, LLC 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 State law, <br />rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado <br />Surface Coal Mining Reclamation Act [2.07.6(2)(g)(i)]. An Applicant Violator Survey (AVS) <br />Compliance Check was initiated on March 14, 2016 (1St Check) and December 5, 2016 (2nd Check). <br />No violations are active, and the Division recommendation is issue. A final query will be made prior to <br />issuance of the new permit. <br />8. CB Minerals Company, LLC does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting <br />Coal Ridge Mine <br />Permit Renewal No. 7 10 December 5, 2016 <br />
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