2018-07-09_GENERAL DOCUMENTS - C1981019

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Proposed Decision and Findings of Compliance July 2018 Permit Renewal No. 7 P a g e | 28  On any Federal lands within the boundaries of any National Forest (Rule 2.07.6(2)(d)(iii)(D));  Within 300 hundred feet, measured horizontally, from any occupied dwelling (Rule 2.07.6(2)(d)(v)). Rule 2.07.6(2)(d)(iv) prohibits affected areas to be within 100 feet of public road rights-of-way without certain waivers. In compliance with such waivers, two sediment control ponds and a water pipeline are within 100 feet of public road rights-of-way. The Division found, after the necessary approvals were received, notices published, public hearing opportunities provided, and written findings made, that the interests of the public and affected landowners would be protected from the proposed mining operations. Other affected areas are not within 100 feet, measured horizontally, of the outside right-of-way line of any public road except where mine access or haul roads join such roads. V. Impact on Public Parks On the basis of information submitted by Colowyo in the form of five cultural resource inventories and associated reviews and comments (Exhibit 5 of the PAP), the Division finds that, subject to valid existing rights as of August 3, l977, 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 (Rule 2.07.6(2)(e)(i)). VI. Mineral and Surface Estates Private mineral estate has, in part, been severed from private surface estate. Colowyo owns all private lands to be affected within the permit area. Documentation in the PAP verifying this is in the form of copies of property deeds (Rule 2.07.6(2)(f)). VII. Applicant/Violator System On the basis of evidence submitted by Colowyo 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, the Division finds that neither Colowyo, nor any person who owns or controls Colowyo, nor any surface coal mining and reclamation operation owned by Colowyo, owns or controls any operations that are currently in violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (Rule 2.07.6(2)(g)). VIII. Willful Violations Colowyo, and all persons who own or control Colowyo, do not control and have not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent