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2019-12-31_GENERAL DOCUMENTS - C1981022
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2019-12-31_GENERAL DOCUMENTS - C1981022
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Last modified
12/27/2024 4:08:19 PM
Creation date
1/7/2020 9:21:16 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981022
IBM Index Class Name
General Documents
Doc Date
12/31/2019
Doc Name Note
For RN7
Doc Name
Proposed Decision and Findings of Compliance
From
DRMS
To
Oxbow Mining, LLC
Permit Index Doc Type
Findings
Email Name
LDS
JDM
Media Type
D
Archive
No
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No. 1 (PR-1), and received from the public meeting held on March 21, 1991 in the <br /> town of Somerset (no public meeting was requested for Sanborn East Tract), the <br /> Division finds that: <br /> i. The applicant has obtained the necessary approvals from the Colorado <br /> Department of Transportation, and <br /> ii. The interests of the public and affected landowners will be protected <br /> from the proposed mining operations. <br /> h) Three hundred feet of an occupied dwelling unless a written waiver from the owner <br /> has been provided (2.07.6(2)(d)(v)). Occupied dwellings are within 300 feet of the <br /> operator's surface operations. Due to the Somerset Mine being a pre-existing <br /> operation, waivers from the owners of these dwellings are not necessary. The <br /> operator proposes no additional activities within 300 feet of any known occupied <br /> dwelling. <br /> 5. On the basis of information submitted by Somerset Mining Company, now Oxbow <br /> Mining, LLC., in the form of two separate studies, one conducted by Centuries Research, <br /> Inc. and one by Grand River Institute, and a letter from the Colorado State Historic <br /> Preservation Officer, the Division finds that subject to valid existing rights as of August 3, <br /> 1977, the mining operation will not adversely affect any publicly owned park or place <br /> listed on or eligible for listing in the National Register of Historic Places as determined by <br /> 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)(0). <br /> 7. On the basis of evidence submitted by the applicant and received from other state and <br /> federal agencies as a result of the Section 34 -33-114( 3) compliance review required by <br /> the Colorado Surface Coal Mining Reclamation Act,the Division finds that Oxbow <br /> Mining, LLC. does not own or control any operations which are currently in violation of <br /> any law, rule, or regulation of the United States, or any State law, rule, or regulation, or <br /> any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br /> Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br /> 8. Oxbow Mining, LLC does not control and has not controlled mining operations with a <br /> demonstrated pattern of willful violations of the Act of such nature, duration, and with <br /> such resulting irreparable damage to the environment as to indicate an intent not to comply <br /> with the provisions of the Act (2.07.6(2)(h)). <br /> 9. The Division finds that surface coal mining and reclamation operations to be performed <br /> under this permit will not be inconsistent with other such operations anticipated to be <br /> performed in areas adjacent to the permit area(2.07.6(2)(i)). <br /> 10. The Division estimates the reclamation liability for mining operations in this permit term <br /> 14 <br />
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