GENERAL52532

• Permit No: C1981011
• IBM Index Class Name: General Documents
• Doc Date: 5/16/1988
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN1
• Permit Index Doc Type: FINDINGS
• Media Type: D
• Archive: No

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XXV. Miscellaneous Com liance - Rules 2.05.6(5), 4.02, 4.12
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The surface mining operation will be within 100 feet of a perennial
stream. Sunland has requested that a variance be given for the stream
buffer requirement of Rule 4.05.18. Pursuant to Rule 4.05.18, the
Division granted a variance from the stream buffer zone requirement for
those permitted surface coal mining operations within 100 feet of Trout
Creek. The Division has found that:
1. The original stream channel will not be disturbed;
2. During and after mining, water along the stream
will not be adversely affected;
3. The reclamation plan provides for the establishment
of riparian vegetation where appropriate; and
4. All stream buffer zones will be appropriately
marked.
The operation is in compliance with the requirements of this section.
XXVI. Operations on Land Subject to Limitations or
Prohibitions - Rules 2.03.7, 2.07.6, and 2.10
The proposed operation is within areas subject to limitations as
described in Rule 2.07.6(2)(a)(ii). The operation is within 100 feet of
a public road right-of-way, is within 300 feet of an occupied dwelling
and is within 100 feet of a perennial stream. The third item was
discussed above under Section XXV -Miscellaneous Compliance.
The surface coal mining operation will be within 100 feet of the public
right-of-way for Routt County Road 29. Sunland has demonstrated, on
pages 13.01 and 13.02 of the permit application, that the mining
operation was permitted in 1976 by Routt County for the entire lease
area. Also, coal was produced from the Apex No. 2 mine in 1976. The
Division has determined that Sunland has demonstrated valid existing
rights prior to August 3, 1977. Therefore, a variance has been granted
by the Division, in accordance with Rule 2.07.6(2)(d), for operations
within 100 feet of this public right-of-way.
The surface coal mining operation is also within 300 feet of an occupied
dwelling as defined in Ruie 2.03.7(3). A trailer owned by Sunland is
within the permit area approximately 75 feet from the facilities area.
Sunland, on May 7, 1982, signed a legal waiver to grant operation of the
mine in such close proximity to the occupied dwelling. Therefore, the
Division has determined that Sunland has complied with Rule 2.03.7(3).
The operation is in compliance with the requirements of this section.
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