2011-11-22_GENERAL DOCUMENTS - C1992081

• Permit No: C1992081
• IBM Index Class Name: General Documents
• Doc Date: 11/22/2011
• Doc Name: Proposed Decision & Findings of Compliance ‎(PR1)‎
• From: DRMS
• To: Hayden Gulch Terminal, LLC
• Permit Index Doc Type: Findings
• Email Name: JDM
• Media Type: D
• Archive: No

b) An area under study for designation as unsuitable for surface coal mining operations
(2.07.6(2)(d)(ii));
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. (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 notices published, public hearing opportunities provided,
and written findings made (2.07.6(2)(d)(iv));
A public notice for PRO1 was published for four consecutive insertions beginning on
August 14, 2011. The public notice included information that the proposed permit area
crosses US Highway 40 and Routt County Road 37. The public notice provided the
opportunity for written comments, objections, and requests for a public hearing within
thirty (30) days of the last publication which was published on September 4, 2011. No
comments, objections, or requests for a public hearing were received within the thirty day
comment period.
h) Three hundred feet of an occupied dwelling. (2.07.6(2)(d)(v)).
5. Information pertaining to cultural and historic resources can be found in Tab 5 of Volume 1
of the revised permit application.
On the basis of information submitted by Hayden Gulch Terminal, LLC in the form of a
1980 records and file search of known historical sites, as well as letters of concurrence from
the Colorado Historical Society (11 November 1992 and again on 12 December 2002) and
Bureau of Land Management, Little Snake Field Office (18 November 1992 and again on 3
February 2003), the Division finds that, subject to valid existing rights as of 3 August 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 (2.07.6(2)(e)(i)).
6. For this loadout and rail loop operation, private mineral estate has been severed from private
surface estate; however, the documentation specified by Rule 2.03.6(2) is not required as the
permittee is not proposing to mine coal within the permit boundary. (2.07.6(2)(f)).
Hayden Gulch Loadout 17 November 22, 2011