2009-05-22_GENERAL DOCUMENTS - C1981044

• Permit No: C1981044
• IBM Index Class Name: General Documents
• Doc Date: 5/22/2009
• Doc Name: Proposed Decision & Findings of Compliance for RN5
• Permit Index Doc Type: Findings
• Email Name: JRS
• Media Type: D
• Archive: No

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)).
Colorado State Highway 13 bisects the permit area. The mine permit area
existed prior to August 2, 1977. Further discussion of development
mining under State Highway 13 can be found in Section B.I. County
roads 107 and Coal Mine Road lie within the permit area and are used for
the mine operation. A Moffat County resolution dated July 31, 1981
vacated these two roads to Empire Energy.
h) Three hundred feet of an occupied dwelling unless a written waiver from
the owner has been provided (2.07.6(2)(d)(v)).
Three private dwellings exist within the permit area (Permit Section
2.05.6(3). One is located in T6N, R91W, NEl/4 SE1/4 Section 30.
Another residence is located in T6N, R91W, SE1/4 NE1/4 Section 29.
The third residence is located in T6N, R91W1/2 W1/2.Section 29. BTU
EC has committed to monitoring these structures for subsidence at such a
time that mining operations approach these structures. No mining will
occur near these structures during the next five-year permit term.
5. On the basis of information in a letter from the State Historic Preservation Office of the
Colorado Historical Society (January 7, 1982), 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)).
No new surface disturbance is proposed for the next five-year permit term; therefore, the
letter from the State Historic Preservation Office is still valid. Additionally, BTU EC has
committed to contact either the Regional Director or the District Supervisor of the Bureau
of Land Management if any archaeological or cultural resources are discovered during
BTU EC's mining activities (2.07.6(2)(e)).
Eagle Mine Complex 14 Permit Renewal 05
C-1981-044 May 22, 2009