GENERAL45645

• Permit No: C1981044
• IBM Index Class Name: General Documents
• Doc Date: 2/28/1994
• Doc Name: PROPOSED DESISION & FINDINGS OF COMPLIANCE FOR RN2
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

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)).
Colorado State Highway 13 bisects the permit area. Ttie mine
permit area existed prior to August 2, 1977. Further discussion
of development mining under State Highway 13 can be found in
Section B.I. County roads 107 and Coal Mine Road lie within the
permit area and are used for the mine operation. A Moffat
County resolution dated July 31, 1981 vacated these two roads to
8mpire Hnergy.
h) Three hundred feet of an occupied dwelling unless a written
waiver from the owner has keen provided (2.07.6 (2)(d)(v)1.
Two private dwellings exist within the permit area. One lies
within T6N, R91W, N8'iC S8',j Section 30. The other is in T6N,
A91W, S8',L N8',G Section 29. Cyprus 8mpire Corporation has
committed to monitoring these two structures for subsidence at
such a time that mining operations approach these structures.
No mining will occur near these structures during the next five-
year permit term.
5. On the basis of information submitted by Cyprus empire Corporation in the
form of a letter from the State Historic Preservation Office of the Colorado
Historical Society (January 7, 1982.), 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 o:n 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)). No :new surface
disturbance is proposed for the next five-year permit term; therefore, the
letter from the State Historic Preservation Office ie stil:l valid.
Additionally, Cyprus Hmpire Corporation has committed to contact either the
Regional Director or the District Supervisor of the Bureau of Land Management
if any archaeological or cultural resources are discovered during Cyprus
8mpire's mining activities.
6. For this surface mining operation, private mineral estate leas been severed
from private surface estate; therefore, the documentation specified by Rule
2.03.6(2) has been provided in descriptions of lease numbers, sublease
agreements, warranty deeds, and quit claim deeds in the pe~mtit pages.
(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 Cyprus 8mpire Corporation's parent company, Cyprus Coal,
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