2018-12-12_REVISION - C2010088 ‎(10)‎

• Permit No: C2010088
• IBM Index Class Name: Revision
• Doc Date: 12/12/2018
• Doc Name: Proposed Decision and Findings of Compliance
• From: DRMS
• To: Brock Bowles
• Type & Sequence: RN1
• Email Name: BFB
• Media Type: D
• Archive: No

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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 institutional
building, or public park (2.07.6(2)(d)(iii)(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 finding of compatibility has
been made by the Secretary of the U.S. Department of Agriculture.
(2.07.6(2)(d)(iii)(D));

g) One hundred feet of the outside right-of-way line of any public road except where
access roads 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)).

5. On the basis of information submitted by CAM in the form of a letter from the State Historic
Preservation Office dated October 21, 2010, the Division finds that subject to valid existing
rights as of August 3, 1977, the Loadout 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)).

6. For this coal loadout operation, private mineral estate has not been severed from private
surface estate; therefore, 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, the Division finds that CAM does not own or control
any operations which 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
(2.07.6(2)(g)(i)). Checks of the US Office of Surface Mining’s Applicant/Violator System
were conducted by the Division on September 9, 2018 and November 16, 2018. A minor
civil penalty in West Virginia was reported as a result of the September 9, 2018 check; it