2023-01-05_REVISION - C1981019 ‎(13)‎

• Permit No: C1981019
• IBM Index Class Name: Revision
• Doc Date: 1/5/2023
• Doc Name Note: & Findings
• Doc Name: Notice of Proposed Decision
• From: DRMS
• To: Chris Gilbreath Tri-State Generation and Transmission Association
• Type & Sequence: RN8
• Email Name: ZTT
• Email Name: AME
• Media Type: D
• Archive: No

• On any Federal lands within the boundaries of any National Forest (Rule
2.07.6(2)(d)(iii)(13));
• 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, 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 (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)).
VIL ApplicantNiolator System
As discussed in Section 3.5 Status of Violations, the Division issued a Notice of Violation
(NOV)to Colowyo on October 12, 2022 for Violation No. CV-2022-001. However, this
violation was considered abated on January 3, 2023 after Colowyo sufficiently addressed all
requirements of the NOV.
On the basis of evidence submitted by Colowyo and received from other State and Federal
agencies as a result of the Section 3433114(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)).
Proposed Decision and Findings of Compliance January 5,2023
Permit Renewal No. 8 Page 131