GENERAL55279

• Permit No: C1981024
• IBM Index Class Name: General Documents
• Doc Date: 4/16/1999
• Doc Name: Proposed Decision & Findings of Compliance for RN3
• 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(Z)(d)(iii)(B));
e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C));
f) The boundazies of any National Forest unless the required finding of compatibility
has been made by the Secretary of the U.S. Department of Agriculture
(2.07.6(2)(d)(i i i)(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));
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 a letter dated December 15, 1988 submitted by Kaiser Resources from the State
Historical Preservation Officer, 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 been severed from private surface
estate; therefore, the documentation specified by Rule 2.03.6(?) has been provided in the form of
a quit claim deed, and access to Section 36, Township 27 South, Range 67 West granted by the
Colorado State Land Board (see Permit Appendix 1). Thus, Stipulation No. 21 of the 1989
Findings Document was satisfied.
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 Kaiser Resources, Inc. does not
own or control any operations which are currently in violation of any 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)).
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