GENERAL43970 - Laserfiche WebLink

Home Browse Search

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 (2.07.6(2)(d)(i)); 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 (2.07.6(2)(d)(iii)(A)); 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)); h) The permit area is within 300 feet of two occupied buildings: the Lombardi residence and the old Gabossi residence on the east bank of Oak Creek in Section 17, T4N, R85W. The Edna Mine disturbance in this area consists of an access road and the tipple area sedimentation ponds. These disturbances are subject to "valid existing rights" (Rule 1.04(149)) due to their existence prior to August 3, 1977. The location of the dwelling, the road and the tipple are presented on Exhibit 4.6-21 and Exhibit 3.2-1 (Sheet 2 of 2) in the permit application. The old Carlo Gabossi residence is located in Section 12, T4N, R86W, as presented on Exhibit 3.7-1 and Exhibit 3.2-1 (Sheet 2 of 2). This residence is owned by Chevron USA, Inc., pursuant to a warranty deed -surface executed on December 30, 1980 (reference Volume 9, Appendix 3.7-A, page 12). Due to the valid existing rights and to the ownership by Chevron USA, Inc., a written waiver, pursuant to Rule 2.07.6(2)(d)(V), is not required for the Lombardi and Gabossi residences, respectively. The operation is in compliance with the requirements of this section. na me 14 ermrt evision o.