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- . - - ., <br />under electric line utilizing a gully. The purpose was to provide <br />sufficient clearance to be in compliance with safety rules. <br />The operator in consultation with Mr. Lou Gabos, County Engineer, <br />and Mr. Paul Draper, Transportation Director, decided not to <br />construct the RCR 27\Yoast Mine Haul Road detour. The county <br />allowed placement of the excess material generated at the widening <br />of RCR 27a in the ROW adjacent to RCR 27 thus providing sufficient <br />width to allow public vehicles to travel around the dragline during <br />it's travel from mine to mine. Road widening at this point <br />eliminated the need to disturb private property by constructing the <br />detour. This action was all on County Road Right of Way (ROW). <br />Eliminated disturbance to adjacent private property. <br />I am recommending that NOV C-96-018 be vacated for the following <br />reasons: <br />1. Regulation 1.04 (111) defines roads and specifically excludes <br />public roads, ramps, and routes of travel from the definition <br />of road. Therefore, the roads referenced in C.R.S. 34-33-123 <br />(26)(b) must be private roads, new or existing, constructed or <br />improved specifically for and captive to the mining operation. <br />2. The County Planning Commission, County Commissioners, County <br />Engineer and the Transportation Director gave prior approval <br />of all road work. All of the road work was on an existing <br />public road within the ROW, to safely facilitate the transport <br />of equipment. Special use permits were issued for the road <br />work and an oversize permit was issued to walk the dragline on <br />the County Road. <br />3. There is a prior history of the coal company improving county <br />roads by resurfacing, repairing, widening etc. under the <br />direction of the county to facilitate traffic and for public <br />safety. <br />4. The operator complied with TR-03 conditions and time frames in <br />regard to areas that were affected, specifically in regard to <br />the power line detour. The operator did not violate the TR on <br />the detour between RCR 27 and the Yoast Haul Road because the <br />detour was not constructed. No land was impacted other than <br />that in the ROW under the direction of the county. <br />cc: Michael Altavilla <br />James Burnell <br />Erica Crosby <br />Charles McCulloh <br />Mitch Rollings <br />