2017-02-03_REVISION - C1980004 (6)

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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 institutiona 1 building, or public park (2.07.6(2)(d)(1)(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 fording of compatibility has been made by the Secretary of the U.S. Department of Agriculture (2.07.6(2)(d)(1)(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)). On the basis of information submitted by the permittee, in the form of cultural resource survey documentation in Appendix J and commitments in Section 4.1.3 of the PAP, as well as assessments made by OSM in their January, 1993, Mining Plan Decision Document, and letters of November 7, 1996, February 5, 2001, and December 2, 2005, from the State Historic Preservation Officer (SHPO), 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 (SHPO) (2.07.6(2)(e)(i)). The SHPO has noted that one known archaeology site potentially eligible for listing had been identified on the permit area (5GF741), but the site would not be affected by the approved mining plan. The SHPO included a reminder in their letters that if previously unidentified archaeological resources are discovered, work would need to be interrupted until the resources are evaluated pursuant to the eligibility criteria of 36 CFR 60.4. A commitment to this effect is included in the permit application package. 6. Because this is an underground operation which does not involve the surface mining of coal, 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, and based on compliance checks made via the Applicant Violator System (AVS) the Division finds that McClave Canyon Mining, LLC 17