GENERAL43153

• Permit No: C1994082
• IBM Index Class Name: General Documents
• Doc Date: 7/5/1995
• Doc Name: PROPOSED DECISION AND FINDINGS OF COMPLIANCE
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

f) The boundaries of any National Forest. (2.07.6(2)(d)(iiii)I;D));
g) One hundred feet of the outside right-of--way line of quay (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.
The western portion of the proposed Yoast permit is withitJ one hundred feet
of the right-of-way of Routt County Road 37. Notice of opportunity for a
public hearing regarding mining near this road was published by the Division
in the Steamboat Pilot June 8, 1995. Because there w;as no, response to the
notice, no hearing was held (2.07.6(2)(d)(iv)).
h) Three hundred feet of an occupied dwelling unless a written waiver from the
owner has been provided. The western portion of the proposed `.toast permit
area is within 300 feet of an occupied dwelling in Section 19. A written
waiver signed by the owner of that dwelling is included in Appendix 22-2 of
the permit application package (2.07.6(2)(d)(v)).
5. On the basis of information submitted by Seneca Coal Company in ttie form of a
letter of approval from the State Historic Preservation Office, 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)). I
6. For this surface mining operation, private mineral estate has not been severed from
private surface estate, therefore, the documentation specified b:y Rule 2.(13.6(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 t+.ct, the Division finds
that Seneca Coal Company does not own or control any operations which currently
have any Federal or State failure-to-abate cessation orders, unabated Federal or
State imminent harm cessation orders, delinquent civil penalties issued pursuant to
Section 518 of the Surface Mining Control and Reclamation Act, (30 U.S.C. 1201 et.
seq.), including delinquent civil penalties assessed under ,any Statc: regulatory
programs approved pursuant to SMCRA, bond forfeitures where violations upon
which the forfeitures were based have not been corrected, delinquent abandoned
mine reclamation fees, and unabated violations of Federal and State laws.
(2.07.6(1)(b).
All violations noted in the Applicant Violator System, including 5 West Virginia
AML violations and 1 West Virginia Audit violation, have been paid and resolved.
Yoast Mine ]$ Juty 6, 1995