GENERAL54560

• Permit No: C1981047
• IBM Index Class Name: General Documents
• Doc Date: 12/18/1992
• Doc Name: Proposed Decision & Findings of Compliance for RN2
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

b> An area under study for designation as unsuitable for surface coal
mining operations (2.07.6(2)(d>(ii));
c) The boundaries of the National Park System, the National Wildlife
Refuge System, the National System of Trails, the National
Wilderness Preservation System, the Wild and Scenic Rivers System
including rivers under study for designation, and National
Recreation Areas (2.07.6(2)(d)(iii)(A));
d> Three hundred feet of any public building, school, church,
community or institutional building, or public park
(2.07.6(2)(d)(iii)(B));
e) One hundred feet of a cemetary (2.07.6(2)(d)(iii)(C));
f) The boundaries of any National Forest (2.07.6(2)(d)(iii)(D));
g) One hundred feet of the outside right-of-way line of any public
road except where mine access or haul roads join such line, and
excepting any roads for which the necessary approvals have been
received, notices published, public hearing opportunities provided,
and written findings made (2.07.6(2)(d)(iv));
The truck scale facility was located adjacent to State Highway 133
prior to August 3, 1977. Therefore, no public notices or public
hearing opportunities were offered. However, this facility has
been reclaimed and removed from the permit area.
h) Three hundred feet of an occupied dwelling unless a written waiver
from the owner has been provided (2.07.6(2)(d)(v)).
5. On the basis of information submitted by MINREC, Inc. in the form of a
letter from the State Historic Preservation Officer with the Colorado
Historical Society, the Division finds that subject to valid existing
rights as of August 3, 1977, the mining operation will not adversely
affect any publicly owned park or place listed on or eligible for listing
in the National Register of Historic Places as determined by the State
Historic Preservation Office (2.07.6(2)(e)(i)).
6. For this surface mining operation, private mineral estate has not been
severed from private surface estate; therefore, the documentation
specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)).
7. On the basis of evidence submitted by the applicant and received from
other state and federal agencies as a result of the Section 34-33-114(3)
compliance review required by the Colorado Surface Coal Mining
Reclamation Act, the Division finds that MINREC, Inc. does not own or
control any operations which are currently in violation of any law, rule,
or regulation of the United States, or any State law, rule, or
regulation, or any provision of the Surface Mining Control and
Reclamation Act or the Colorado Surface Coal Mining Reclamation Act
(2.07.6(2)(g)(i)).
8. MINREC, Inc. does not control and has not controlled mining operations
with a demonstrated pattern of willful violations of the Act of such
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