Laserfiche WebLink
b) An area under study for designation as unsuitable for surface coal mining operations <br />(2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife Refuge System, the <br />National System of Trails, the National Wilderness Preservation System, the Wild and <br />Scenic Rivers System including rivers under study for designation, and National <br />Recreation Areas (2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or institutional <br />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 has <br />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 mine <br />access or haul roads join such line, and excepting any roads for which the necessary <br />approvals have been received, notices published, public hearing opportunities provided, <br />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 owner has <br />been provided (2.07.6(2)(d)(v)). <br />5. On the basis of information submitted by the permittee, in the form of cultural resource <br />survey documentation in Appendix J and commitments in Section 4.1.3 of the PAP, as well <br />as assessments made by OSM in their January, 1993, Mining Plan Decision Document, and <br />letters of November 7, 1996, February 5, 2001, and December 2, 2005, from the State <br />Historic Preservation Officer (SHPO), the Division finds that, subject to valid existing rights <br />as of August 3, 1977, the mining operation will not adversely affect any publicly owned park <br />or place listed on or eligible for listing in the National Register of Historic Places as <br />determined by the State Historic Preservation Office (SHPO) (2.07.6(2)(e)(i)). The SHPO <br />has noted that one known archaeology site potentially eligible for listing had been identified <br />on the permit area (5GF741), but the site would not be affected by the approved mining <br />plan. The SHPO included a reminder in their letters that if previously unidentified <br />archaeological resources are discovered, work would need to be interrupted until the <br />resources are evaluated pursuant to the eligibility criteria of 36 CFR 60.4. A commitment to <br />this effect is included in the permit application package. <br />6. Because this is an underground operation which does not involve the surface mining of coal, <br />the documentation specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-114(3) compliance review required by the <br />Colorado Surface Coal Mining Reclamation Act, and based on compliance checks made via <br />the Applicant Violator System (AVS) the Division finds that McClane Canyon Mining, LLC <br />(MCM) does not own or control any operations which are currently in violation of any law, <br />11