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GENERAL52957
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Last modified
8/24/2016 8:38:39 PM
Creation date
11/23/2007 8:11:23 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1982056
IBM Index Class Name
General Documents
Doc Date
4/24/2000
Doc Name
PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN3
Permit Index Doc Type
FINDINGS
Media Type
D
Archive
No
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March 25, 1994 for the mobile home owned by Ivtr. Robert Perry. Three dwellings were undermined <br />in the Eastern Mining District (Longwall Panels 6R-2R) during 1999. One had been occupied year <br />round, one was vacant and is owned by Twentymile Coal Company, and the third was occupied only <br />during portions of the year. Twentymile Coal Company has a subsidence agreement with Mr. <br />Kenneth Ashley regarding his dwellings. (2.07.6(2)(d)(v)). <br />The full-time residents were moved by Twentymile Coal Company [o alternative accommodations <br />prior to subsidence of the house. Twentymile Coal Company took precautions with the home by <br />bracing Floorjoists and door frames prior to undermining. The house was located near the center of <br />Longwall panel 5 Right. After subsidence occurred, Twentymile Coal Company and [he Ashley's <br />agreed upon mitigation of the house by replacement of the swcture. Twentymile Coal Company <br />demolished the original structure, backfilled the foundation, constructed a new foundation and <br />installed a modular home as agreed upon with the landowner. The smaller residence owned by the <br />Ashley's overlay gateroad 6 Right, and experienced roughly 4 inches of subsidence. Twentymile <br />Coal Company conducted repairs to the smaller residence in accordance with the subsidence <br />agreement with the Ashley's in the fall of 1999. The residence owned by Twentymile Coal <br />Company also overlay gateroad 6 Right. This structure was not monitored for subsidence impacts <br />and will not undergo any mitigative measures as a result of subsidence. <br />5. On the basis of information obtained from the State Historic Preservation Office (SHPO) and <br />archeological and cultural resource surveys submitted by the applicant, the Division finds that <br />subject to valid existing rights as of August 3, 1977, the mining operation will not adversely affect <br />any publicly owned park or place listed on or eligible for listing in the National Register of Historic <br />Places as determined by the State Historic Preservation Office. On April 14, 1997, the Division <br />sent a letter, map and permit text to the SHPO indicating the scope of the project and requested their <br />evaluation of the project with regard to cultural and historic resources in the area. On April 24, <br />1997 the SHPO responded and believed that the nature of the proposed project would not <br />necessitate further cultural resource work and provided concurrence for the project to proceed <br />(2.07.6(2)(e)(i)). <br />6. Foidel Creek is solely an underground operation, therefore the documentation required by Rule <br />2.03.6(2) is not required (2.07.6(2)(f)). <br />On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that Twentymile Coal Company does not <br />own or conVOl any operations which are currently in violation of any law, rule, or regulation of the <br />United States, or any State law, rule, or regulation, or any provision of the Surface Mining Convol <br />and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(I)). <br />8. Twentymile Coal Company does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with such <br />resulting irreparable damage to the environment as to indicate an intent not to comply with [he <br />provisions of the Act (2.07.6(2)(h)). The Applicant Violator System was queried on January 26, <br />2000. The result of this query was the operator has no outstanding violations. The system <br />recommendation is "issue" the permit. <br />The Division finds 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 <br />adjacent to the permit area, (3.07.6(2)(1)). <br />C: W H B\C82056\RN03\RN03FI ND. doc <br />18 <br />
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