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GENERAL35419
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Last modified
8/24/2016 7:56:24 PM
Creation date
11/23/2007 8:19:34 AM
Metadata
Fields
Template:
DRMS Permit Index
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
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h) Three hundred feet of an occupied dwelling unless a written waiver <br />from the owner has been provided (2.07.6(21(dl(v11. Specifically, <br />an occupied dwelling is within 300 feet of the mine area. This <br />dwelling is owned by Colorado Yampa Coal Company and, therefore, the <br />documentation required by this rule is not necessary. <br />5. On the basis of information submitted by Colorado Yampa Coal Company in <br />the form of Exhibit 12 of the permit document, the Division finds that <br />subject to valid existing rights as of August 3, 1977, the mining <br />operation will not adversely affect any publicly owned park or place <br />listed on or eligible for listing in the National Register of Historic <br />Places as determined by the State Historic Preservation Office <br />(2.07.6(2)(e)(i). <br />6. For this surface mining operation private mineral estate has been severed <br />frrom private surface estate; however, the documentation specified by <br />Rule 2.03.6(2) is not required because Cyprus Western Coal Company fan <br />affiliate of Colorado Yampa Coal Company) is the surface owner over the <br />entire permit area. (2.07.6(21(fl. <br />7. On the basis of evidence submitted by the applicant and received from <br />other state and federal agencies as a result of the Section 34-33-114(31 <br />compliance review required by the Colorado Surface Coal Mining <br />Reclamation Act, the Division finds that Colorado Yampa Coal Comparry does <br />not own or control any operations which are currently in violation of any <br />law, rule, or regulation of the united States, or any State law, rule, or <br />regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6 (2) (g) fill. <br />The Energy Mine No. 3 is operated by Colorado Yampa Coal Company, which <br />is a subsidiary of Cyprus Yampa Valley Coal Corporation, a subsidiary of <br />Cyprus Western Coal Company, a subsidiary of Cyprus Coal Company. <br />Colorado Yampa Coal Company also operates the Eckman Park, Mine No. 1 and <br />Mine No. 2 complex under state permit C-81-071. The Foidel Creek mine <br />(permit number (C-82-056) is operated by Twentymile Coal Company, also a <br />subsidiary of Cyprus Yampa Valley Coal Corporation. <br />8. Colorado Yampa Coal Company does not control, and has not controlled, <br />mining operations with a demonstrated pattern of willful violations of <br />the Act of such nature, duration, and with such resulting irreparable <br />damage to the environment as to indicate an intent not to comply with the <br />provisions of the Act. Compliance status letters were sent to the <br />various states which may have Cyprus operations by certified mail on <br />November 8, 1990. As of December 18, 1990, the Division did not receive <br />any response which would indicate non compliance. t2.07.6 (21 (hll. <br />9. The Division finds that surface coal mining and reclamation operations to <br />be performed under this permit will not be inconsistent with other such <br />operations anticipated to be performed in areas adjacent to the permit <br />area. (2.07.6 (21 fill. <br />- 10 - <br />
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