GENERAL35419

• Permit No: C1984062
• IBM Index Class Name: General Documents
• Doc Date: 11/5/1990
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN1
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

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 Dark (2.07.6(2)(d)(iii)(B));
el One hundred feet of a cemetary 12.07.6(2)(d)(iii)fC)):
f) The boundaries of any National Forest (2.07.6(2)(d1(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)).
More specifically, the Energy Mine No. 3 permit area is within
100 feet of the outside right-of-way of County Road 179 and
County Road 33. These areas are subject to valid existing rights
because the permit area of Permit No. 76-16 included the roads.
CYCC closed County Road 179 during the backfilling and grading of
the Middle Creek final cut/portal area. During the initial
discussions with Routt County officials regarding temporary closure
of County Road 174, the County officials requested permanent
relocation of County Road 179.
As a result, that portion of the Fish Creek Tipple haul road between
its junction with County Road No. 179, and north of County Road
No. 33 as shown on Map 5, Surface and Coal Ownership, is now
utilized as a relocated portion of County Road No. 179. The
relocation is in compliance with Routt County approval, and with
state Rule 2.07.6(2)(d)(iv).
The relocation of the above-referenced portion of County Road
No. 179 was approved by Routt County with the approval of
Routt County Resolution Number 85-004. A copy of the resolution is
included as Exhibit 25 in the application package.
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