GENERAL55593

• Permit No: C1980004
• IBM Index Class Name: General Documents
• Doc Date: 12/31/1996
• Doc Name: PROPOSED DECISION & FINDINGS OF COMPLIANCE FOR RN4
• 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)(u));
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 cemetery (2.07.6(2)(d)(iii)(C));
f) The boundaries 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)(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));
h) Three hundred feet of an occupied dwelling unless a written waiver from the owner
leis been provided (2.07.6(2)(d)(v)).
5. On the basis of information submitted by the permittee, in the form of cultural resource
survey documentation in Appendix J and commitments in Section 4.1.3 of the PAP, as
well as assessments made by OSM in their January, 1993, Mining Plan Decision
Document, and a November 7, 1996, letter from the State Historic 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 (SHPO) (2.07.6(2)(e)(i)). The SHPO noted that one known
archau~logy site potentially eligible for listing had been identified on the permit area
(SGF741), but the site would not be affected by the approved mining plan. The SHPO
included a reminder in then letter that if previously unidentified archaeological resources
are discovered, work would need to be interrupted until the resources are evaluated
pursuant to the eligibility criteria of 36 CFR 60.4. A commitment to this effect is
included in the permit application package.
6. Because this is and underground operation which does not involve the surface mining of
coal, 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 Grand Valley Coal
Company does not own or control any operations which are currently in violation of any
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