2018-09-04_GENERAL DOCUMENTS - C1980007

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32 Service in their letter of January 20, 2015. Further revisions to Methane Drainage Wells on panel E6 and E7 (TR-138) were addressed by the U.S. Forest Service in their letter of May 18, 2016. Revisions to MVBs on panel E8 (TR-145) were addressed by the U.S. Forest Service in their emails of June 4 and 5, 2018. The Sunset Trails permit revision (PR-15) is addressed by the U.S. Forest Service in their Supplemental Final Environmental Impact Statement published on September 7, 2017. 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)]. The West Elk mine permit area is within 100 feet of the outside right of way line of State Highway 133 and Forest Service road 711. At an informal conference held May 12, 1981, in Paonia, Colorado, to review public input on the proposed West Elk Mine, no mention of any concern with the location of the surface facilities in relation to the existing or proposed right of way of State Highway 133 was expressed or implied. The Colorado Department of Highways approves the location of the West Elk Mine within 100 feet of the outside right of way. On August 6, 1981, the Division granted a variance from the road distance requirement of Rule 2.07.6(2)(d)(iv). The Division's notice of proposed decision approving the variance was published June 29, 1981, and no comments were received during the ten day public comment period, which expired on July 8, 1981. MCC’s public notice for PR-14 indicated Forest Service Road 711 will be within the affected area and a public hearing may be requested for determining whether the interests of the public and affected landowners will be protected. No public hearing was requested. h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been provided (2.07.6(2)(d)(v)). 5. On the basis of information submitted by MCC in the form of Exhibit 11, and confirmation letter from the SHPO dated March 18, 1998, 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 [2.07.6(2)(e)(i)]. This was confirmed by the SHPO for PR-12 in a letter dated October 5, 2007 and for Permit Revision 14 in a letter dated September 8, 2008. The same finding was confirmed for PR-15 on the basis of information submitted by MCC in the form of a Negative Results Report of a Cultural Resource Survey, conducted by