2020-08-21_REVISION - C1994082 (36)

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(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 (2.07.6(2)(d)(iii)(D)) 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. The western portion of the Yoast Mine permit is within one hundred feet of the right of way of Routt County Road No. 37. Notice of opportunity for a public hearing regarding mining near this road was published by the Division in the Steamboat Pilot June 8, 1995. Because there was no response to the notice, no hearing was held(2.07.6(2)(d)(iv)) h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been provided. The western portion of the Yoast Mine permit area is within 300 feet of an occupied dwelling in Section 19. A written waiver signed by the owner of that dwelling is included in Appendix 22-2 of the permit application package (2.07.6(2)(d)(v)). 5. On the basis of information submitted by Seneca Property, LLC in the form of a letter of approval from the State Historic Preservation Office, the Division finds that subject to valid existing rights as of August 3, 1977, 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)). 6. For this surface mining 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)(t)). 7. Applicant Violator System. 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 Seneca Property, LLC 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)). 8. Seneca Property, LLC does not control and has 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 not to comply with the provisions of the Act (2.07.6(2)(h)). 9. The Division finds that surface coal mining and reclamation operations to be performed under this permit will not be inconsistent with other such operations anticipated to be performed in areas adjacent to the permit area (2.07.6(2)(i)). 10. The Division currently holds a corporate surety in the amount of$1,379,988.51. On August 11, 2020 the Division issued its final decision on the SL7 bond release application. The remaining reclamation liability found upon approval of SL7 was $1,002,576.30 which is sufficient to assure completion of the remaining reclamation work at the site if the work had to be performed by the Division. 12