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number of "campsites." A joint eligibility review of the contractors' work and <br />eligibility recommendations of all the sites was conducted by the Colorado State <br />Historic Preservation Office (SHPO) and the Office of Surface Mining (OSM). This <br />review determined that 7 sties were eligible, 37 not eligible and 17 needing further <br />field documentation by the contractor to determine eligibility under criteria <br />(d) CFR 60.6. <br />Further work by the company, OSM, and SHPO determined the eligibility of all sites, <br />and subsequently agreed to mitigation measures to be implemented by the permittee. <br />The mitigation plan involved a commitment by Western Fuels to avoid any <br />disturbances to any site determined eligible, and went further to commit to conducting <br />periodic field reconnaissance to determine if surface subsidence has affected any of <br />the above-referenced cultural resource sites. <br />In order to adequately mitigate any damage occurring to sites as a result of <br />subsidence, Western Fuels has provided a written commitment m Section IV.N. of the <br />application not to conduct any mining activities in areas which could cause <br />subsidence-related damage to sites until asite-specific mitigation plan has been <br />submitted, reviewed and approved by the Division and OSM and implemented on <br />each site. This mitigation plan is in addition to the above mitigation plan, which only <br />calls for avoidance of any disturbance to eligible sites. <br />On the basis of information submitted by Western Fuels-Utah, Incorporated in the <br />form of cultural and historic resource inventories, the Division fmds that subject to <br />valid existing rights as of August 3, 1977, the mining operation will not adversely <br />affect any publicly owned park or place listed on or eligible for listing in the National <br />Register of Historic Places as determined by the State Historic Preservation Office <br />(2.07.6(2)(e)(i)). <br />6. For this mining operation, private mineral estate has not been severed from private <br />surface estate, therefore, the documentation specified by Rule 2.03.6(2) is not <br />required (2.07.6(2)(f)). <br />7. Section I.E. of Volume 1 of the revised application contains information pertaining to <br />compliance with the appropriate rules pertaining to legal, fmancial and compliance <br />information. Western Fuels Association has received 22 notices of violation since the <br />Deserado Mine was initially permitted on July 27, 1981. All violations were <br />subsequently corrected. Based on all available information, no other operation owned <br />or operated by Western Fuels Association, Inc. has any outstanding violations. <br />Pursuant to Rule 2.07.6(2)(g) and based on evidence supplied by Western Fuels <br />Association, Inc., the Division fmds that the permittee does not own or control any <br />operations which are currently in violation of any law, rule, or regulation of the <br />United States, or any State law, or regulation or any provision of the Surface Mining <br />Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. <br />8 <br />