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<br />County Road No. 33 as long as the conditions addressing appropriate road warning signage, <br />monitoring, and repairs are met by TCC. Based on the above information, the Division finds <br />Twentymile Coal Company in compliance with Rule (2.07.6(2)(d)(iv)) for the undermining of <br />Routt County Road No. 33. <br />PR-04 proposes to approve continued mining in the Eastem Mining District of Longwall panels <br />6R through 2R. Only panels 6R and SR will impact Routt County Road No. 33. Experience <br />gained during subsidence of panels 9R through 7R has shown that traffic on County Road No. <br />33 has not been interrupted as a result of the subsidence of the road. <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been <br />provided. TCC successfully complied with Stipulation No. 36 for the Southwest Mining District <br />on March 25, 1994 for the mobile home owned by Mr. Robert Perry. Three dwellings will be <br />undermined in the Eastem Mining District (Longwall Panels 6R-2R) during permit term 1998- <br />2003. One is occupied year round, one is vacant and is owned by Twentymile Coal Company, <br />the third is occupied only during portions of the year. Twentymile Coal Company has a <br />subsidence agreement with Mr. Ashley regarding his dwellings. (2.07.6(2)(d)(v)). <br />5. On the basis of information obtained from the State Historic Preservation Office (SHPO) and <br />archeological and cultural resource surveys submitted by the applicant, the Division finds that <br />subject to valid existing rights as of August 3, 1977, the mining operation will not adversely <br />affect any publicly owned park or place listed on or eligible for listing in the National Register of <br />Historic Places as determined by the State Historic Preservation Office. On April 14, 1997, the <br />Division sent a letter, map and permit text to the SHPO indicating the scope of the project and <br />requested their evaluation of the project with regard to cultural and historic resources in the area. <br />On April 24, 1997 the SHPO responded and believed that the nature of the proposed project <br />would not necessitate further cultural resource work and provided concurrence for the project to <br />proceed, (2.07.6(2)(e)(I)). <br />6. Foidel Creek is solely an underground operation, therefore the documentation required by Rule <br />2.03.6(2) is not required, (2.07.6(2)(f)). <br />On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that Twentymile Coal Company does <br />not own or control any operations which are currently in violation of any law, rule, or regulation <br />of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining <br />Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act, <br />(2.07.6(2)(g)(I)). <br />8. Twentymile Coal Company does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with such <br />resulting irreparable damage to the environment as to indicate an intent not to comply with the <br />provisions of the Act, (2.07.6(2)(h)). <br />The Division finds that surface coal mining and reclamation operations to be performed under <br />this permit will not be inconsistent with other such operations anticipated to be performed in <br />areas adjacent to the permit area, (2.07.6(2)(1)). <br />12 <br />