GENERAL49836

• Permit No: C1981008
• IBM Index Class Name: General Documents
• Doc Date: 2/28/1989
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR PR2
• 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
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
lJilderness 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
e) One hundred feet of a cemetary [2.07.6(2)(d)(iii)(C)];
f) The boundaries of any National Forest. [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 opDOrtunities provided,
and written findings made [2.07.6(2)(d)(iv)]. Also, see "The
Review Process" section above for a discussion on the closing of
the Fifth Street Extension County Road.
h) Three hundred feet of an occupied dwelling unless a written waiver
from the owner has been provided [2.07.6(2)(d)(v)]. Required
waivers are contained in Tab 3, Pages 3-21 to 3-21 d.
On the basis of information submitted by The Colorado Historical Society
in the form of a letter received May 26, 1988 from Leslie E. Wildesen,
Deputy State Historic Preservation Officer, 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 the National Register of Historic Places [2.07.6(2)(e)(i)].
6. For this surface mining operation private mineral estate has been severed
from private surface estate in some cases, therefore, the documentation
specified by Rule 2.03.6(2) has been provided in the form of Exhibits 3-1
and 3-2 and Tab 3, Attachment 3-11, pages 3-119 to 3-123 of the Nucla
permit document and the Nucla East permit revision application.
C2.07.6(2)(f)].
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