GENERAL39473

• Permit No: C1981034
• IBM Index Class Name: General Documents
• Doc Date: 3/19/1998
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN3
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

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 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 (2 .07.6 (2)(d)(iii)(D));
g) One hundred feet of the outside of 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));
The permit includes Delta County approval for inclusion of County Roads
T50 and 2075 Drive within the permit area. The letter can be found in
the permit as Figure 2.07.6 (2)(d)(iv)(A).
h) Three hundred feet of an occupied dwelling unless a written waiver from
the owner has been provided (2.07.6(2)(d)(v)). _
5. On the basis of information submitted by Grand Mesa Coal Company in the Eorm
of a survey by Nic kens and Associates, Appendix C of Permit Application, the
Division finds that subject to valid existing rights as 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)).
6. For this surface mining 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)(£)).
This is not applicable as the Red Canyon Mine is an underground mine and
not a surface mine.
7. 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 MINREC, Inc. does not own or control any
operations which are currently in violation of any law, rule, or regulation
of the United 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)).
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