GENERAL52696

• Permit No: C1981033
• IBM Index Class Name: General Documents
• Doc Date: 7/28/1982
• Doc Name: OSM Permit No. CO-0068
• Permit Index Doc Type: Other Permits
• Media Type: D
• Archive: No

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(c) Not on any lands subject to the prohibitions or limitations of
30 CFR 761.11(a) (national parks, etc.), 761.11(f) (public buildings, etc.),
761.11(9), (cemeteries) [786.19(d)(3)].
(d) The Bear ~1 & R2 mine are within 100 feet of an outside right-
of-way of state highway 133 when the high~~ay is relocated. The Highway De-
partment has granted a variance for the reclamation of this area to be within
the right-of-way. (see p. 83, Sec. XXV,TA)[2.07.6.(2)(d)(iv)](786.19(d)(4).
(e) tJithin 300 feet of an occupied dwelling. The people in Somer-
set, Colorado living within 300 feet of the permit area signed a waiver indi-
cating their understanding and provided their consent to the proposed mining
operations. (see Exhibit 3, vol.2 of the Bear ~3 MRP, also see page 9 & 90 of
TA) [2.07.6(2)(2), 786.19(d)(5)].
5. The applicant has the legal right to enter and conduct mining acti-
vities in the permit area (see MRP, Sec. 2.03.6) [786.19(f)].
6. OSM's issuance of a permit and the Secretarial decision on the
Mineral Leasing Act portion of the mining and reclamation plan are in compli-
ance with the National Historic Preservation Act and implementing regulations
{36 CFR 800) (see Technical Analysis and State Historic Preservation Officer
correspondence) [2.07.6.(2)(e), 786.19(e)].
7. The applicant has submitted proof showing that current and/or prior
violations of applicable law and regulations have been corrected (p. 12, Sec.
II, MRP) [2.07.6.(2)(9), 786.19(9)].
8. The applicant has submitted proof that all fees for the Abandoned
Mine Reclamation Fund have been paid (See Reclamation Fees, p. 86, Sec. XXVIII-
of TA.) (Confirmed by Western Technical Center staff in discussion with John
Sender, Fee Compliance Officer in the New Mexico State Office, on 3/30/82)
[2.07.6.(2)(0), 786.19(h)].
9. The applicant does not control and has not controlled mining opera-
tions with a demonstrated pattern of willful violations of the Act of such na-
ture, duration, and with such resulting irreparable damage to the environment
as to indicate an intent not to comply with the provisions of the Act (p. 12,-
Sec. II, MRP) [2.07.6.(2)(h), 786.19(1)].
10. Surface coal mining and reclamation operations to be performed under
the permit will not be inconsistent with other such operations anticipated to
be performed in areas adjacent to the proposed permit area (see Land Use
p. 12, Sec. II of TA and p. 85, Sec. XXVIII of TA) [2.07.6.(2)(1), 786.19(j)].
11. The analysis completed by OSi4 shows that the bond amount will be ad-
equate. The applicant is required to submit the performance bond required
under the Act, the approved State program, and the Federal Lands Program prior
to permit issuance. The bond would be made payable to both the Unitad States
and the State of Colorado in the amount of 556,000.00. (see Bonding, p. 78,
Sec. XX of TA) [2.07.6,(2)(j), 786.19(k) and 742.12(b)].
12. The applicant has obtained a negative declaration with respect to
prime farmlands (see Prime Farmlands, p. 70, Sec. XIV of TA) [2.07.6.(2)(k),
786.19(1)].