GENERAL35013

• Permit No: C1981041
• IBM Index Class Name: General Documents
• Doc Date: 2/1/1983
• Doc Name: MINING AND RECLAMATION PLAN APPROVAL PACKAGE
• From: Federal Coal Leases
• Permit Index Doc Type: Other Permits
• Media Type: D
• Archive: No

The surface erne operations proposed and he application have
been d ed co prevent damage to the ~logi~ balance in
assoeial~(i o?f-site areas. (2.07.6(3), i86.19(t); (see page 16-19
of C:S.3D's decision documene).
;. After revYeving the description of the proposed permit area, CMLB.D and
OSM deteaaiae shin area is:
a. Not included vithia as area designated unsuitable for surface coal
mining operations. (2.07,6(2)(3)(1); 786.19(d)(i); (see HL~l's
letter dated August 25, 1982 Secluded in the Notification section).
b. Not vithia an area under study for designating lands unsuitable for
surface coal mining operations. (2.07.6(2)(d)(ii); 786.19(3)(2).
c. Not on any loads subject to the prohibitions or limieatioas of 30
CFR 761.11(a) (natlanal parks, etc.), 761.11(f) (public buildings,
etc.), and 761.11(g) (cemeteries). (2.07.6(2)(3); 786.19(3)(3);
(see Technical Analysis).
3. The applicant proposes to continue surface coal mining operations
at the Roadside `line vithia 100 £eet of the outside right-oi-vay of
Interstate 70. Because the mine vas 1n existence prior to august
3, S 77, it is ezempted from the prohibition on mining operations
vithia 100 feet of the outside right-of-way of any public roads.
No mining operations are proposed for the Cameo :line vichia '_00
feet of the outside right-of-vay of a public road. (2.07,6(2)(3),
786.19(3)(4); (see page 34 of CMLBD's decision documenC).
e. Not vithia 300 feet of any occupied dvelliag. (2.07.6(2)(d)(v),
786.19(3)(5)
4. OSM's issuance of a pewit and the Secretarial decision on the !iineral
l,eaeing Act plan are in compliance with the National Historic
Preservation Act and implementing regulations (36 CFR 800).
(2.07,6(2)(e), 786.19(e); (see page 9 of C`.'1.3D's decision document;
State Historic Preservation Officer concurrence letter).
5. The applicant has the legal right to eater and begin surface mining
activi ties is the permit arse. 786.19(f); (see page 7, Volume I of
she MRP dated January 1982-Pavderhorn Coal Company).
6. The applicant has submitted proof sad OSM's records indicate chat
p Y or violations of appL'cable law and :egulatioas gave been corrected
vlth two eaceptions. On November 10, 1982, the Roadslde/Cameo Mines
received Notices of Violation numbered 8249 and 8251 from the C:II.SD.
Violation Number 8249 related to failure to minimize damage to the
hydrologic system because of coal processing wastes on mine roads.
Violation Number 8251 related to failure cc salvage topsoil on the
Cameo Aaste Zile '_n that waste vas dumped on topsoil and vegetation.
At the time of issuance, the State s?eci=fed ^_hat the violations were
to be abated by December 21, =982, At the present time, the State is
considering emending the deadL'ne for abatement beyond the Holidays
due to the curtailed staff at the sine. ?tie CMLRD is aonitoriag the
abatements and is satisf fed that the violations are in the process of
befog corrected. (2.07.6(2)(8), i86.19~;); (Personal communications
with Jim derron, Reclamation Soecaiiist with C.`ZRD on December 10,
1982 and Des: Zingo, OSM Reclamation SpeciaL'st, Albuquerque ?ie'_d
Office on December 9, 1982).