GENERAL41846

• Permit No: C1981071
• IBM Index Class Name: General Documents
• Doc Date: 1/19/1993
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN2
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

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));
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 the applicant in the
form of a Environmental Assessment Report from the BLM dated
January 18, 1979 as well ae a letter dated May 9, 1983 from
the Colorado Historical Society 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. One site, the Foidel
Canyon Schoolhouse is located along Foidel Creek within the
permit boundary. It is referenced in Stipulation 3 of this
permit and the operator is required to maintain the fence
surrounding the school and insure that the structures within
the fence are not vandalized nor the land disturbed
(2.07.6(2)(e)(i)).
6. The surface of this mine is owned by Cyprus Western Coal
Company, Cyprus Western Equipment Company, or the BLM. All
coal is owned by the BLM; therefore, the documentation
specified by Rule 2.03.6(2) is not 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 Colorado Yampa Coal Company 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)).
8. Colorado Yampa Coal 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)).
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