GENERAL44187

• Permit No: C1981018
• IBM Index Class Name: General Documents
• Doc Date: 1/7/1992
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR PR3
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

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 cemetary (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) Three hundred feet of an occupied dwelling unless a written waiver
from the owner has been provided (2.07.6(Z)(d)(v)>.
5. On the basis of information submitted by Western Fuels-Utah, Incorporated
1n the form of cultural and historic resource inventories, 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 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)).
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