GENERAL50474

• Permit No: C1981015
• IBM Index Class Name: General Documents
• Doc Date: 9/30/1992
• Doc Name: PROPOSED DECISION AND FINDINGS OF COMPLIANCE
• From: Reclamation Only
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

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 cemetary (2.07.6(2)(d)(iii)(G );
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));
h) Three hundred feet of an occupied dwelling unless a written waiver
from the owner has been provided (2.07.6(2)(d)(v)>.
5. On the basis of information submitted by Grand River Institute, 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.
The Fruita Mine site is already in a reclamation status. This proposed
permit is to be issued for reclamation only and no new disturbance will
take place. Therefore, no sites listed or eligible for listing on the
National Register of Historic Places as determined by SHPO shall be
adversely affected (2.07.6(2>(e)(i)).
6. For this surface mining operation, private mineral estate has not been
severed from private surface estate: therefore, the documentation
specified by Rule 2.03.6(2) is not required (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 American Shield Coal Company
owns an operation which is currently in violation of Rule 4.14.1(2)(a>
but is in the process of correcting such violation. As decided in a
settlement agreement between American Shield Coal Company and CMLRB on
March 25, 1992, the operator shall: 1) Apply for an application for
reclamation only and obtain a valid permit by December 31, 1992;
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