GENERAL30680

• Permit No: C1980001
• IBM Index Class Name: General Documents
• Doc Date: 1/8/2007
• Doc Name: Proposed Decision & Findings of Compliance for RN5
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

a) An area designated unsuitable for surface coal mining operations [Rule
b) An azea under study for designation as unsuitable for surface coal mining
operations [Rule 2.07.6(2)(d)(ii)];
c) The boundaries of the National Pazk 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 [Rule 2.07.6(2)(d)(iii)(A)];
d) Three hundred feet of any public building, school, church, community or
institutional building, or public pazk [Rule 2.07.6(2)(d)(iii)(B)];
e) One hundred feet of a cemetery [Rule 2.07.6(2)(d)(iii)(C)];
f) The boundaries of any National Forest unless the required finding of
compatibility has been made by the Secretary of the U.S. Department of
Agriculture [Rule 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 [Rule
2.07.6(2)(d)(iv)];
h) The affected area is within 300 feet of two occupied dwellings: the Lombardi
residence and the old Gabossi residence on the east bank of Oak Creek in
Section 17 T4N R85 W. The Edna Mine disturbance in this area consists of an
access road, and the azea of the former tipple azea sedimentation ponds. These
disturbances occurred prior to August 3, 1977, and are thus in compliance
with the Rules by exception [Rule 1.04(149)]. The location of the dwelling
and the road aze presented on Exhibit 4.6-21 and Exhibit 3.2-1 (Sheet 2 of 2)
in the PAP. None of the continuing reclamation activities aze within 300 feet
of these buildings.
The old Cazlo Gabossi residence is located in Section 12, T4N, R86W, as
presented on Exhibit 3.7-1 and Exhibit 3.2-1 (Sheet 2 of 2). This residence is
owned by Chevron USA, Inc., pursuant to a warranty deed -surface executed
on December 30, 1980 (reference Volume 9, Appendix 3.7-A, page 12). Due
to the valid existing rights and to the ownership by Chevron USA, Inc., a
written waiver, pursuant to Rule 2.07.6(2)(d)(v), is not required for the
Lombardi and Gabossi residences, respectively.
The operation is in compliance with the requirements of this section [Rule
2.07.6(2)(d)(v)].
C-1980-001 Permit Renewal s Findings Page 16 of 33 Pages