Laserfiche WebLink
proposed mining operations. <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has <br />been provided (2.07.6(2)(d)(v)). Occupied dwellings are within 300 feet of the <br />operator's surface operations. Since the Somerset Mine was apre-existing operation, <br />waivers from the owners of these dwellings are not necessary. The operator proposes <br />no additional activities within 300 feet of any known occupied dwelling. <br />On the basis of information submitted by Somerset Mining Company, now Oxbow Mining. <br />Inc., in the form of two separate studies, one conducted by Centuries Research, Inc. and one <br />by Grand River Institute, and a letter from the Colorado State Historic Preservation Officer, <br />the Division finds that subject to valid existing rights as of August 3, 1977, the mining <br />operation will not adversely affect any publicly owned park or place listed on or eligible for <br />listing in the National Register of Historic Places as determined by the State Historic <br />Preservation Office (2.07.6(2)(e)(i)). <br />6. For this surface mining operation, private mineral estate has not been severed from private <br />surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not required <br />(2.07.6(2)(f)). <br />On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-114(3) compliance review required by the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that Oxbow Mining, <br />Inc. does not own or control any operations which are currently in violation of any law, rule, <br />or regulation of the United States, or any State law, rule, or regulation, or any provision of <br />the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act (2.07.6(2)(g)(i)). <br />8. Oxbow Mining, Inc. 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 <br />the provisions of the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations [o be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area (2.07.6(2)(1)). <br />10. The Division currently holds an approved Corporate Surety Bond # in the amount of <br />$2,517,081.00. The current bond liability estimate for the Somerset Mine, Sanborn Creek <br />Mine and the construction approved through TR-32 and MR-54 for the proposed Elk Creek <br />Mine has been calculated at $2,740,510.00. Oxbow Mining, Inc. has submitted a new bond <br />for the increased reclamation liability and the Division is in the process of reviewing it. The <br />permit will not be issued until the Division approves the new bond. <br />15 <br />