GENERAL48106

• Permit No: C1981038
• IBM Index Class Name: General Documents
• Doc Date: 7/30/1993
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR PR3
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

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; the permit area of Orchard Valley Mine
is within 300 feet of three public roads - Highway 133, Steven's
Gulch Road and a BLM access road to East Roatcap Creek. Public
notices, which provided opportunities for public hearings, were
published weekly for these roads on March 19, 1981 through
April 9, 1981, March 10, 1992 and. February 6, 1991 respectively.
Written approval for use and .undermining of Steven's Gulch Road was
obtained from the U.S. Forest Service as well as written approval
from BLM for use of the East Roatcap Creek public access road
(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(2)(d)(v>).
On the basis of information submitted by Cyprus Orchard Valley Coal
Corporation in the form of several cultural resource site surveys and a
letter from the Bureau of Land Management and through discourse with the
Colorado 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)).
_"-