GENERAL33145

• Permit No: C1981021
• IBM Index Class Name: General Documents
• Doc Date: 8/4/1998
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN4
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

hydrologic balance outside the proposed permit area. (2.07.6(2)(c)).
4. The Division finds that the permit area is, subject to valid rights existing as of August 3,
1977, not within:
a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i));
b) An area under study for designation as unsuitable for surface coal mining
operations (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 unless the required finding of compatibility
has been made by the Secretary of the U.S. Department of Agriculture.
(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 (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)).
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)(f)).
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 the Flatiron
Companies do 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)).
Bourg Strip Mine. C-81-021 13 August 4, 1998