2010-06-04_GENERAL DOCUMENTS - C1982056

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Twentymile Coal Company to subside the county road. Signage, subsidence monitoring, and mitigation measures to be employed by the operator are described in the special use agreement, as well as the PAP. h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been provided. TCC successfully complied with Stipulation No. 36 for the Southwest Mining District on March 25, 1994 for the mobile home owned by Mr. Robert Perry. Three dwellings were undermined in the Eastern Mining District (longwall panels 6R- 2R) during 1999. One had been occupied year round, one was vacant and is owned by Twentymile Coal Company, and the third was occupied only during portions of the year. Twentymile Coal Company has a subsidence agreement with Mr. Kenneth Ashley regarding his dwellings. (2.07.6(2)(d)(v)). The full-time residents were moved by Twentymile Coal Company to alternative accommodations prior to subsidence of the house. Twentymile Coal Company took precautions with the home by bracing floor joists and door frames prior to undermining. The house was located near the center of longwall panel 5R. After subsidence occurred, Twentymile Coal Company and the Ashley's agreed upon mitigation of the house by replacement of the structure. Twentymile Coal Company demolished the original structure, backfilled the foundation, constructed a new foundation and installed a modular home as agreed upon with the landowner. The smaller residence owned by the Ashley's overlay gateroad 6R, and experienced roughly 4 inches of subsidence. Twentymile Coal Company conducted repairs to the smaller residence in accordance with the subsidence agreement with the Ashley's in the fall of 1999. The residence owned by Twentymile Coal Company also overlay gateroad 6R. This structure was not monitored for subsidence impacts and will not undergo any mitigative measures as a result of subsidence. 5. On the basis of information obtained from the State Historic Preservation Office (SHPO) and archeological and cultural resource surveys submitted by the applicant, 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. On April 14, 1997, the Division sent a letter, map and permit text to the SHPO indicating the scope of the project and requested their evaluation of the project with regard to cultural and historic resources in the area. On April 24, 1997, the SHPO responded and believed that the nature of the proposed project would not necessitate further cultural resource work and provided concurrence for the project to proceed (2.07.6(2)(e)(i)). 6. For this underground 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 Surface Coal Mining Reclamation Act, the Division finds that Twentymile Coal Company does not own or control any operations which are currently in violation of any Foidel Creek Mine 25 June 4, 2010