GENERAL40417

• Permit No: C1981025
• IBM Index Class Name: General Documents
• Doc Date: 8/12/1993
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN2
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

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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
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
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) 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)).
5. 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 or eligible for listing in the National
Register of Historic Places as determined by the State Historic
Preservation Office (2.07.6(2)(e)(i)). This finding is based on
information presented in the permit application and on 1) a study
conducted by Century Research, Inc., entitled "A Cultural Resource
Inventory of Four Proposed Core Drill Locations for Anschutz Coal
Corporation's Operations in the White River National Forest, Pitkin,
County, Co.," and 2> the lack of a response to a March 1, 1993 letter
from the Division to the Colorado Historic Society (CHS). The letter
informed the CHS of the permit renewal application and stated that a lack
of response by April 30, 1993 would be interpreted to mean that the CHS
had no objections to the permit renewal.
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 nor required (2.07.6(2)(f)).
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,
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