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C-1981-022 <br />RN-05 Findings <br />February 2009 <br />Sanborn East Tract permit area are located within 100 feet of State Highway 133. <br />According to information contained in Permit Revision No. 1, and received from the <br />public meeting held on March 21, 1991 in the town of Somerset (no public meeting was <br />requested for Sanborn East Tract), the Division finds that: <br />1) the applicant has obtained the necessary approvals from the Colorado Department of <br />Transportation, and <br />2) the interests of the public and affected landowners will be protected from the <br />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 operator's <br />surface operations. Since the Somerset Mine was a pre-existing operation, waivers from <br />the owners of these dwellings are not necessary. The operator proposes no additional <br />activities within 300 feet of any known occupied dwelling. <br />5. On the basis of information submitted by Somerset Mining Company, now Oxbow Mining, <br />LLC., 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, the <br />Division finds that subject to valid existing rights as of August 3, 1977, the mining operation <br />will not adversely affect any publicly owned park or place listed on or eligible for listing in the <br />National Register of Historic Places as determined by the State Historic Preservation Office <br />(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 />7. On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that Oxbow Mining, LLC does not <br />own or control any operations which are currently in violation of any law, rule, or regulation of <br />the United States, or any State law, rule, or regulation, or any provision of the Surface Mining <br />Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i))• <br />8. Oxbow Mining, LLC 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 the <br />provisions of the Act (2.07.6(2)(h)). <br />17