1994-10-21_GENERAL DOCUMENTS - C1980007

• Permit No: C1980007
• IBM Index Class Name: General Documents
• Doc Date: 10/21/1994
• Doc Name: Proposed Decision & Findings of Compliance for PR5
• From: Jumbo Mountain Lease
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

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. More specifically, the
proposed operation (portions of the lease area) is within the
boundaries of Grand Mesa, Dncomprahgre and Gunnison National
Forests. The Secretary has approved this by indicating that West
Elk leases within the forest are suitable for underground coal
mining. Refer to the OSM 1981 Mine Plan Approval, the BLM Report of
Coal Unsuitability Criteria and a letter from the D.S. Forest
Service dated October 3, 1986, concurring with West Elk's Mining
Plan (2 .07 .6(2) (d) (iii) (D) ) . Refer also to a letter written by the
BLM on March 8, 1994, stating that MCC's plan is adequate to meet
all current Federal regulations regarding R2P2 and MER. Refer also
to the Coal Unsuitability Analysis for Jumbo Mountain Coal Lease,
prepared by the Uncompahgre Basin Resource Area of the BLM, which
includes an Environmental Assessment;
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) ) . More specifically, the
West Elk mine permit area is within 100 feet of the outside
right-of-way line of State Highway 133.
At an informal conference held May 12, 1981, in Paonia, Colorado, to
review public input on the proposed West Elk Mine, no mention of any
concern with the location of the surface facilities in relation to
the existing or proposed right-of-way of State Highway 133 was
expressed or implied.
The Colorado Department of Highways approves the location of the
West Elk Mine within 100 feet of the outside right-of-way.
On August 6, 1981, the Division granted a variance from the road
distance requirement of Rule 2.07.6 (2) (d) (iv) .
The Division's notice of proposed decision approving the variance
was published June 29, 1981, and no comments were received during
the ten-day public comment period, which expired on July 8, 1981.
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 Mountain Coal Company in the
form of Exhibit 11, 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) ) .
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) (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 Mountain 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
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