1983-09-01_PERMIT FILE - C1981017

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d. Within 100 feet of the outside right-of-way of a public road. There are roads and facilities that are within 100 feet of an outside right-of-way but they are excluded from this prohibition because they existed prior to enactment of PL 95-97. 12.07.6(2)(d)(iv), 786.19(d)(4) ; see page 63 of CMLRD's decision document] e. Not within 300 feet of any occupied dwelling. [2.07.6(2)(d)(v), 786.19(d)(5) ; see page 63 of CMLRD's decision document] 4. OSM's issuance of a permit and the Secretarial decision on the Mineral Leasing Act plan are in compliance with the National Historic Preservation Act and implementing regulations (36 CFR 800). The permit area includes the old townsite of Coal Basin that is presently being considered for the National Register of Historic Places. [2.07.6(2)(e), 786.19(e) ; see CMLRD's decision document; see concurrence letter section]. 5. The applicant has the legal right to enter and begin surface mining activities in the permit area. [2.07.6(2)(f) , 786.19(f); see page 63 of CMLRD's decision document] 6. The applicant has submitted proof and OSM's records indicate that prior violations of applicable law and regulations have been corrected. [2.07.6(2)(g), 786.19(g) ; Personal communication with Gary Fritz, OSM Federal Reclamation Specialist, OSM Albuquerque Field Office, May 2, 19831 7. OSM's records confirm that all fees for the Abandoned Mine Reclamation Fund have been paid. [2.07.6(2)(h) , 786.19(h) ; Personal communication with John Sender, OSM Fee Compliance Officer, Albuquerque Field Office, May 13, 1983; see CMLRD's decision document] 8. OSM records show that the applicant does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act. [2.07.6(2)(h), 786.19(h) ; Personal communication with Gary Fritz, OSM Federal Reclamation Specialist, OSM Albuquerque Field Office, May 2, 1983; see page 11 of CMLRD's decision document] 9. Surface coal mining and reclamation operations to be performed under the permit will not be inconsistent with the North Thompson underground mine in the general vicinity of the Coal Basin mine. [2.07.6(2)(i), 786.19(j) ; See page 63 of CMLRD's decision document] 10. The analyses completed by CMLRD and OSM show that the bond amount will be adequate. The applicant must post the performance bond required under the Act, the approved State program, and the Federal Lands Program prior to permit issuance. The bond must be made payable to both the United States and the State of Colorado in the amount of $1,970,148.00. [30 CFR 742.12(b) ; (2.07.6(2)(j) , 786.19(k) ; and 742.12 (b) ; see page 59 of CMLRD's decision document]