2008-03-21_GENERAL DOCUMENTS - C1980007 (3)

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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. 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 Mountain Coal Company in the form of Exhibit 11, and confirmation letter from the State Historical Preservation Office dated March 18, 1998, 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)]. This was confirmed for Permit Revision 12 by a letter from the SHPO dated October 5, 2007. 6. The operator proposes no surface mining of coal; 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 Mountain Coal Company, as of March 19, 2008, 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)]. MCC's compliance review information was verified through the use of the U.S Office of Surface Mining's Applicant Violator System. 8. Mountain Coal Company does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act [2.07.6(2)(h)]. 9. The Division finds that surface coal mining and reclamation operations to be performed under this permit will not be inconsistent with other such operations anticipated to be performed in areas adjacent to the permit area [2.07.6(2)(1)]. 10. The Division has examined and is holding St Paul Fire and Marine Insurance Company corporate surety for $10,000,000 and Bond Safeguard Insurance Company corporate surety in the amount of $4,000,000, for a total of $14,000,000. The 21