ENFORCE35625

• Permit No: C1981019
• IBM Index Class Name: Enforcement
• Doc Date: 5/25/1988
• From: OSM
• To: COLOWYO COAL CO
• Violation No.: CV2001011
• Media Type: D
• Archive: No

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 Systert
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 cemetary (2.07.6(2)(d)(iii)(C));
f) The boundaries of any National Forest (2.07.6(2)(d)(iii)(0));
g) One hundred feet of the outside right-o1`-way line of any public
road except where mine access or haul reads 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 proposed prospect pond is within
100 feet of the right-of-way of State Highway 13. The Division
published notice of a proposed public hearing regarding this matter
in the Northwest Colorado Dally Press. No comments were received
or interest expressed in this hearing. The Division finds that the
interests of the public and affected landowners will be protected
from the proposed mining operations (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)).
On the basis of information submitted by Colowyo Coal Company in the form
of four cultural resource inventories (in Exhibit 5 of the permit
application), a site evaluation of an identified site by Alpine
Archaeological Consultants, Inc. (September 1991) and a letter of
concurrence from the Colorado Historical Society (October 2, 1991), 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 C2.07.6(2)(e)(i)).
For this surface mining operation, private mineral estate has been
severed from private surface estate; therefore, the documentation
specified by Rule 2.0.3.6(2) has been provided in the form of state and
federal coal leases, property deeds and BLM special use permits found in
Exhibit 1 of the permit application (2.07.6(2>(f>>.
On the bas15 of evidence submitted by the applicant and received from
other state and federal agencies as a result of the Sectfon 34-33-114(3)
compliance review required by the Colorado Surface Coal Mining
Reclamation Act, the Dl vision finds that Colowyo Coal Company 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
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