Laserfiche WebLink
On August 6, 1981, the Division granted a variance from the road distance <br />requirement of Rule 2.07.6(2)(d)(iv). <br />The Division's notice of proposed decision approving the vaziance was published <br />June 29, 1981, and no comments were received during the ten-day public comment <br />period, which expired on July 8, 1981. <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner <br />has been provided [2.07.6(2)(d)(v)]. <br />5. On the basis of information submitted by Mountain Coal Company in the form of Exhibit <br />11, and confirmation letter from the State Historical Preservation Office dated March 18, <br />1998, the Division finds that subject to valid existing rights as of August 3, 1977, the <br />mining operation will not adversely affect any publicly owned pazk or place listed on or <br />eligible for listing in the National Register of Historic Places as determined by the State <br />Historic Preservation Office [2.07.6(2)(e)(i)]. This was confirmed for Permit Revision <br />No. 11 by a letter from the SHPO dated November 29, 2004. <br />6. For this surface mining operation, private mineral estate has not been severed from <br />private surface estate; therefore, the documentation specified by Rule 2.03.6(2)is not <br />required [2.07.6(2)(f)]. <br />On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-114(3) compliance review required by <br />the Colorado Surface Coal Mining Reclamation Act, the Division finds that Mountain <br />Coal Company, as of April 7, 2005, does not own or control any operations which aze <br />currently in violation of any law, rule, or regulation of the United States, or any State law, <br />rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act <br />or the Colorado Surface Coal Mining Reclamation Act [2.07.6(2)(g)(i)]. MCC's <br />compliance review information was verified through the use of the Applicant Violator <br />System. <br />8. Mountain Coal Company does not control and has not controlled mining operations with <br />a demonstrated pattern of willful violations of the Act of such nature, duration, and with <br />such resulting irrepazable damage to the environment as to indicate an intent not to <br />comply with the provisions of the Act [2.07.6(2)(h)]. <br />9. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit azea [2.07.6(2)(1)]. <br />10. The Division has examined and is holding St Paul Fire and Marine Insurance Company <br />corporate surety for $10,000,000 and Bond Safeguard Insurance Company <br />corporate surety in the amount of $1,500,000.00, for a total of $11,500,000.00. The <br />Division estimates the reclamation liability for mining operations in this permit renewal <br />to be $11,171,117. <br />39 <br />