GENERAL35100

• Permit No: C1981011
• IBM Index Class Name: General Documents
• Doc Date: 5/5/1993
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN2
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

The Division finds that the operations proposed under the application have been
designed to prevent damage to the hydrologic balance outside the exiting 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 Nationa[ 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) The reclaimed surface coal mining operation is within 100 feet of the public
right-of-way for Routt County Road 29. Sunland Mining Corp. has
demonstrated, on pages 13.01 and 13.02 of the permit application, that the
mining operation was permitted in 1976 by Routt County for the entire lease
area. Also, coal was produced from the Apex No. 2 mine in 1976. The
Division has determined that Sunland Mining Corp. has demonstrated valid
existing rights prior to August 3, 1977. Therefore, a variance has been
granted by the Division, in accordance with Rule 2.07.6(2)(d), for operations
within 100 feet of this public right-of-way (2.07.6(2)(d)(iv));
h) The reclaimed surface coal mining operation was within 300 feet of an
occupied dwelling as defined in Rule 2.03.7(3). A trailer (now removed)
owned by Sunland Mining Corp. was within the permit area approximately 75
feet from the facilities area. Sunland, on May 7, 1982, signed a legal waiver
to grant operation of the mine in such close proximity to the occupied
dwelling (2.07.6(2)(d)(v)).
Apex No. 2 Mine, C-81-011 10 May 5, 1993