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GENERAL52490
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Last modified
8/24/2016 8:38:21 PM
Creation date
11/23/2007 7:46:29 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1992080
IBM Index Class Name
General Documents
Doc Date
5/29/2003
Doc Name
Proposed Decision & Findings of Compliance for RN2
Permit Index Doc Type
Findings
Media Type
D
Archive
No
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d) Three hundred feet of any public building, school, church, community or institutional <br />building, or public pazk (2.07.6(2)(d)(iii)(B)); <br />e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); <br />f) The boundaries of any National Forest unless the required finding of compatibility has been <br />made by the Secretary of the U.S. Department of Agriculture (2.07.6(2)(d)(iii)(D)); <br />g) One hundred feet of the outside right-of--way line of any public road except where mine <br />access or haul roads join such line, and excepting any roads for which the necessary approvals <br />have been received, notices published, public hearing opportunities provided, and written <br />findings made (2.07.6(2)(d)(iv)); <br />h) Three hundred feet ofan occupied dwelling unless a written waiver from the ownerhas been <br />provided (2.07.6(2)(d)('v)). <br />On the basis of information submitted by Oakridge Energy, Inc. in the form of a letter dated December <br />1, 1992 from the State Historic Preservation Office, the Division finds that, subject to valid existing <br />rights as of August 3,1977, the mining operation will not adversely affect any publicly owned park or <br />place listed on or eligible for listing in the National Register of Historic Places as determined by the <br />State Historic Preservation Office (2.07.6(2)(e)(i)). <br />6. For this surface mining operation, 25 percent of the private mineral estate has been severed from <br />private surface estate. Documentation specified by Rule 2.03.6(2) has consequently been provided in <br />the form of a coal lease (See Appendix 3-2) (2.07.6(2)(£)). <br />7. On the basis of evidence submitted by the applicant and received from other state and federal agencies <br />as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal <br />Mining Reclamation Act, the Division fmds that Oakridge Energy, Inc. does not own or control any <br />operations which aze currently in violation of any law, rnle, or regulation of the United States, or any <br />State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Actor <br />the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />8. Oakridge Energy, Inc. does not control and has not controlled mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable <br />damage to the environment as to indicate an intent not to comply with the provisions of the Act <br />(2.07.6(2)(h)). <br />The Division fmds that surface coal mining and reclamation operations to be performed under this <br />permit will not be inconsistent with other such operations anticipated to be performed in areas adjacent <br />to the permit azea (2.07.6(2)(1)}. <br />10. The Division has a Letter of Credit in the amount of $816,526.00 which is the bond instrument. This <br />bond has been approved. <br />The above bond amount reflects the Division's projection of reclamation costs for worst-case <br />disturbance that was to occur during the previously proposed permit term (2.07.6.(2)(j)). <br />10 <br />
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