GENERAL36874

• Permit No: C1983059
• IBM Index Class Name: General Documents
• Doc Date: 7/23/1993
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN2
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

ivers 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)(8));
e) One hundred feet of a cemetery (2 .07.6(2)(d)(iii)(C));
f) The boundaries of any National Forest (2 .07.6 (2)(d)(iii)(D));
g) One hundred feet of the outside right-of-way line of any public road
except where the 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)liv));
The haul/access road for the loadout joins State Highway 133.
h) Three hundred feet of an occupied dwelling unless a written waiver
from the owner has been provided (2 .07.6(2)(d)(v)).
8xhibit 12 of the permit application contains a letter from a
resident south of the loadout consenting to operations within 300
feet of his dwelling.
On the basis of information submitted by Terror Creek Company in the form
of a letter from the State Historic Preservation Officer with the Colorado
Historical Society, the Division finds that subject to valid existing
rights ae of August 3, 1977, the mining operation will not adversely
affect any publicly owned park or place listed on the National Register of
Historic Places (2.07.6(2)(e)(i)).
For this 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 Terror Creek Company does not own or control
any operations which are currently in violation of any law, rule, or
regulation of the IInited 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)).
Terror Creek Company does not control and has not controlled mining
operations with a demonstrated pattern of willful violations of the Act of
such nature, duration, and with such resulting irreparable damage to the
environment as to indicate an intent not to comply with the provisions of
the Act (2.07.6(2)(h)).
The Division finds that surface coal mining and reclamation operations to
be performed under this permit will not be inconsistent with other such
operations anticipated to be performed in areas adjacent to the permit
area (2.07.6(2)(1)).
10. The Division has examined and ie holding a certificate of deposit from the
Citizens Fidelity Bank and Trust in the amount of $96,550.95. This bond
has received final approval. The reclamation bond is currently being
reviewed pursuant to Rule 3.02.2(4) to determine whether the above bond
amount reflects the Division's projection of reclamation costs for
worst-case disturbance which will occur during the proposed permit term
(2.07.6. (2) (j)) .
Terror Creek I,aadout Page 8