Laserfiche WebLink
3, 1977, not within: <br />a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(I)); <br />b) An area under study for designation as unsuitable for surface coal mining <br />operations (2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife Refuge <br />System, the National System of Trails, the National Wilderness Preservation <br />System, the Wild and Scenic Rivers System including rivers under study for <br />designation, and National Recreation Areas (2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or <br />institutional building, or public park (2.07.6(2)(d)(iii)(B)); <br />e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); <br />f) The boundaries of any National Forest unless the required finding of compatibility <br />has been made by the Secretary of the U.S. Department of Agriculture <br />(2.07.6(2)(d)(iii)(D)); <br />g) One hundred feet of the outside right-of-way line of any public road except where <br />mine access or haul roads join such line, and excepting any roads for which the <br />necessary approvals have been received, notices published, public hearing <br />opportunities provided, and written findings made (2.07.6(2)(d)(iv)); <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the <br />owner has been provided (2.07.6(2)(d)(v)). <br />5. On the basis of information submitted by Seneca Coal Company in the form of survey <br />reports and a letter from the Colorado Historical Society, the Division finds that subject <br />to valid existing rights as of August 3, 1977, the mining operation will not adversely <br />affect any publicly owned park or place listed on or eligible for listing in the National <br />Register of Historic Places as determined by the State Historic Preservation Office <br />(2.07.6(2)(e)(I))• <br />The Division found, in 1981, all necessary notices and approvals were received in <br />order to allow the permittee to adversely affect a place listed on or eligible for listing in <br />the National Register of Historic Places as determined by the State Historic <br />Preservation Office. The place affected was Site 5RT139, located in S 1/2 NE 1/a <br />Section 11, Township 5 North, Range 87 West. Approval to affect it was received <br />from the Division and the State Historic Preservation Officer. A mitigation plan for <br />the site included supervision by a qualified archaeologist during topsoil removal, as <br />well as documentation and recovery of all artifacts unearthed during topsoil stripping. <br />Details of the initial survey and mitigation plans are located in Volume 2, Tab 5, of the <br />9