2009-06-22_GENERAL DOCUMENTS - C1981033 ‎(2)‎

• Permit No: C1981033
• IBM Index Class Name: General Documents
• Doc Date: 6/22/2009
• Doc Name: Proposed Decision & Findings of Compliance for RN5
• Permit Index Doc Type: Findings
• Email Name: JJD
• Media Type: D
• Archive: No

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. On October 28, 1992, the
Division contacted the U.S. Forest Service (USFS) to verify that their previous approval
remained valid. Mr. Daryl Gusey of the USFS indicated that the application was reviewed and
that the USFS had no comments or concerns. No comments were received from the USFS
regarding the Permit Renewal No. 5 application (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;
The permit area of the Bear No. 3 operation is within 100 feet of the outside right-of-way line
of Highway 133. The portion of the permit area within 100 feet of Highway 133 is the
permitted haul road which intersects the highway. No part of the surface facilities area or the
portal area is within 100 feet of Highway 133 (2.07.6(2)(d)(iv));
h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been
provided;
The permit area for the Bear No. 3 Mine is located within 300 feet of several occupied
dwellings in Somerset, Colorado. Affected residents have signed waivers providing their
consent to the mining operations (Exhibit 3, Bear No. 3 Mine permit application)
(2.07.6(2)(d)(v))•
5. 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.
Specifically, fragile and historic lands have not been identified in the current mining area. The
mining and reclamation operations will not result in significant damage to important historic,
cultural or scientific resources in the permit area based on the surveys and information contained in
the permit application package, and information provided by the State Historic Preservation Officer.
6. Bear Coal Company has obtained the right to enter all parts of the permit area from the appropriate
parties.
Surface ownership has been partially severed from the coal ownership at the Bear Mine. The Bear
No. 3 Mine was an underground operation and, because there was no concurrent surface mining
conducted, was not required to obtain the documentation required under 2.03.6(2).
Coal within the permit is federally and privately owned. a Federal coal leases C-0117192,
COC57632, COC57633, D-052501 and D-044569 lie within the Bear permit boundary. Bear Coal
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