1992-12-16_GENERAL DOCUMENTS - C1980007

• Permit No: C1980007
• IBM Index Class Name: General Documents
• Doc Date: 12/16/1992
• Doc Name: Proposed Decision & Findings of Compliance for RN2
• Permit Index Doc Type: Findings
• Media Type: D
• Archive: No

4. The Division finds that the permit area is, subject to valid rights
existing as of August 3, 1977, not within:
a) An area designated unsuitable for surface coal mining operations
(2.07.6(2)(d)(i )) ;
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. More specifically, the
proposed operation (portions of the lease area) is within the
boundaries of Grand Mesa, Uncomprahgre and Gunnison National
Forests . The Secretary has approved this by indicating that West
Elk leases within the forest are suitable for underground coal
mining. Refer to the OSM 1981 Mine Plan Approval , the BLM Report
of Coal Unsuitability Criteria and a letter from the U.S. Forest
Service dated October 3, 1986, concurring with West Elk' s Mining
Plan (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)) . More specifically,
the West Elk mine permit area is within 100 feet of the outside
right-of-way line of State Highway 133.
At an informal conference held May 12, 1981 , in Paonia, Colorado,
to review public input on the proposed West Elk Mine, no mention of
any concern with the location of the surface facilities in relation
to the existing or proposed right-of-way of State Highway 133 was
expressed or implied.
The Colorado Department of Highways approves the location of the
West Elk Mine within 100 feet of the outside right-of-way.
On August 6, 1981 , the Division granted a variance from the road
distance requirement of Rule 2.07. 6(2)(d)(iv) .
The Division' s notice of proposed decision approving the variance
was published June 29, 1981 , and no comments were received during
the ten-day public comment period, which expired on July 8, 1981 .
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