Laserfiche WebLink
north of the site along 2700 Road to and from Nucla. Since the intersection of 2700 Road <br />and BB Road (Sunshine Ranch Comer) will also be removed, all existing users west on BB <br />Road must be provided new access. This is to be done by using the existing county road (BB <br />27) that goes west from 2700 Road approximately 1300 feet south of the Sunshine Ranch <br />Corner and ends at the Morgan house. An extension of this road will be provided to the <br />Enstrom, Johnson and Wilcox properties. These are the only users of the western portion of <br />BB Road who will be affected by the operation. BB Road ends at the Wilcox property. <br />Maps 2.05.2-1 and 2.05.3-1 show the detour road and the proposed BB 27 extension in plan <br />view. <br />A detailed plan with engineering drawings of the detour was supplied to Montrose County <br />for approval together with the revised special use permit application for the mine. <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been <br />provided (2.07.6(2)(d)(v)). <br />5. On the basis of information submitted by The Colorado Historical Society in the form of a letter <br />received October 19, 1999, from Susan M. Collins, Deputy State Historic Preservation Officer, <br />the Division finds [hat, subject [o valid existing rights as of August 3,1977, the mining operation <br />will not adversely affect any publicly owned park or place listed on the National Register of <br />Historic Places (2.07.6(2)(e)(i)). <br />6. For this surface mining operation, private mineral estate has been severed from private surface <br />estate in some cases; therefore, the documentation specified by Rule 2.03.6(2) has been provided <br />in Section 2.03.6 of the New Horizon 2 permit application (2.07.6(2)(f)). <br />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 Western Fuels-Colorado, a <br />Limited Liability Company, does not own or control any operations which are currently in <br />violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, <br />or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br />Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />8. The operator does not control and has not controlled mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and with such resulting <br />inepazable damage to the environment as to indicate an intent not to comply with the provisions <br />of the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed under <br />this permit will not be inconsistent with other such operations anticipated to be performed in <br />azeas adjacent to the permit azea (2.07.6(2)(1)). <br />17 <br />