GENERAL45871

• Permit No: C1981011
• IBM Index Class Name: General Documents
• Doc Date: 3/1/1983
• Doc Name: PROPOSED DECISION AND FINDINGS OF COMPLIANCE
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

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• XXI1. Miscellaneous Compliance - kules [.U5.6(5j, 4.UY, 4.1'1
' 4.19, 4.Z1, 4.28 and 4.30
The surface ruining operation will be within l0U-feet of a perennial
strewn. The applicant iras requested that a variance be given for the
stream buffer requirement of kule 4.05.18 for stream buffer zones.
Pursuant to Kule 4.U5.1'd, the Division grants a variance from the stream
buffer zone requirement for those permitted surface coal mining
operations within lUU feet of Trout Creek. The Division has found that:
1. The original stream channel will not be disturbed;
G. During and after mininy; water along the stream
will not be adversely affected;
3. The reclamation plan proviues for the establishment
of riparian vegetation where appropriate; and
4. All stream Duffer zones 'will be appropriately
marked.
XX111. Special Categories of I•lininq - Steep dope - kule
14ininy of the portal bench for the Apex Wo. 2 I.1ine as described on payes
I8"L-183 is classified as steep slope mininy; tiro original slope exceeds
80°6. Sunland f•lininy Corporation has requested a variance from the
approximate original contour requirements of Kule 4.27.313) as provided
by Kule 4.27.4. The Division hereby grants a variance from these
requirements to allow for a partial backfilliny scheme which will insure
a stauility factor of over 1.3. The specifics of the proposed
reclamation and portal stabilization plans are discussed in Section
XVII1, 8ackfilliny and Grading of this document.
XXIV. Operations on Land Subject to Limitations or
Prohibitions -Rules "L.U3.7, 2.07.6, and 2.10
The proposed operation is within areas subject to limitations as
described in kule 2.U7.6(2)(a)(ii). The operation is within lUU-feet of
a public road right-of-way, is within 3UU-feet of an occupied dwelling
and is within lUU-feet of a perennial stream. The third item was
discussed under Section X1I under Miscellaneous Compliance.
The surface coal mininy operation will be within lUU-feet of the public
right-of-way for County Road 29. Sunland I~lininy has demonstrated, on
payes 13.01 and 13.Ut of the permit application, that the mininy
operation was permitted in 1977 by Routt County for the entire lease
area. Also, coal was produced fru~n the Apex Nu. 'l mine in 1976.
The Division has determined that Sunland I+lining has demonstrated valid
existing rights prior to August 3, 197/. Therefore, the limitation
re yarding operations within lUU' of a public right-of-way leas been
"yrandfathered" in accordance with I<ule 1.07.b(2)id).