2008-07-25_GENERAL DOCUMENTS - C1981010 ‎(2)‎

• Permit No: C1981010
• IBM Index Class Name: General Documents
• Doc Date: 7/25/2008
• Doc Name: Proposed Decision & Findings of Compliance for RN5
• 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 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. (2.07.6(2)(d)(v)).
5. On the basis of information submitted by Trapper Mine in the form of cultural and
archeological surveys of the entire permit area, 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. Sites 5MF290/949
and 5MF948 are eligible for listing on the National Register of Historic Places, although
neither site is proposed to be disturbed by mining operations. A letter dated July 20, 1992
from James E. Hartman, the State Historic Preservation Officer, stated that there were two
sites located within the mine boundary that were eligible. However, phone contact with
James Green of the State Historic Preservation office on July 27, 1992 indicated that both of
the sites had no significance. (2.07.6(2)(e)(i)).
6. For this surface mining operation, private mineral estate has not been severed from private
surface estate; 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
Trapper Mine 18 July 25, 2008