Laserfiche WebLink
a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)); <br />b) An area under study for designation as unsuitable for surface coal mining operations <br />(2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife Refuge System, <br />the National System of Trails, the National Wilderness Preservation System, the Wild <br />and Scenic Rivers System including rivers under study for designation, and National <br />Recreation Areas (2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or institutional <br />building, or public 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 <br />mine access or haul roads join such line, and excepting any roads for which the <br />necessary approvals have been received, notices published, public hearing <br />opportunities provided, and written findings made. <br />The western portion of the Yoast Mine permit is within one hundred feet of the right- <br />of-way of Routt County Road No. 37. Notice of opportunity for a public hearing <br />regarding mining near this road was published by the Division in the Steamboat Pilot <br />June 8, 1995. Because there was no response to the notice, no hearing was held. <br />(2.07.6(2)(d)(iv)); <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner <br />has been provided. The western portion of the Yoast Mine permit area is within 300 <br />feet of an occupied dwelling in Section 19. A written waiver signed by the owner of <br />that dwelling is included in Appendix 22-2 of the permit application package. <br />(2.07.6(2)(d)(v))• <br />5. On the basis of information submitted by Seneca Property, LLC in the form of a letter of <br />approval from the State Historic Preservation Office, the Division finds that subject to <br />valid existing rights as of August 3, 1977, the mining operation will not adversely affect <br />any publicly owned park or place listed on or eligible for listing in the National Register of <br />Historic Places as determined by the State Historic Preservation Office. (2.07.6(2)(e)(i)). <br />6. For this surface mining operation, private mineral estate has not been severed from private <br />surface estate, therefore, the documentation specified by Rule 2.03.6(2) is not required <br />(2.07.6(2)(f)). <br />7. Applicant Violator System. On the basis of evidence submitted by the applicant and <br />15 <br />