2012-10-04_REVISION - C1981022 ‎(5)‎

• Permit No: C1981022
• IBM Index Class Name: Revision
• Doc Date: 10/4/2012
• Doc Name: Proposed Decision and Findings of Compliance
• From: DRMS
• To: Oxbow Mining, LLC
• Type & Sequence: PR7
• Email Name: BFB
• Email Name: SB1
• Media Type: D
• Archive: No

C- 1981 -022
PR -7 Findings
October 4, 2012
1977, not within:
a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)).
Approximately 6.6 acres within the Sanborn East Tract are unsuitable for mining
because they are within the 100 -year flood plain of the North Fork of the Gunnison
River (Unsuitability Criterion No. 16, verbal, Lynn Lewis, BLM, Montrose District
Office, March 10, 1992). The 100 -year flood plain is located south of old State
Highway 133. The Sanborn Creek Tract mine plan is designed so the lateral extent of
subsidence will extend no further south than the north edge of old State Highway 133.
Therefore, the Sanborn Creek additions will not mine within 6.6 acres that have been
classified as unsuitable for mining.
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) U.S. Steel (the original permittee) provided drawings showing the extent of mine
workings at the date of August 3, 1977, that are subject to prior existing rights.
Portions of the mine operations were within 300 feet of occupied dwellings and within
100 feet of a small cemetery in the town of Somerset. This portion of the affected area
is subject to prior existing rights. Oxbow Mining LLC is therefore exempt from the
requirements of Rule 2.03.7(3) to obtain waivers from the owners of the dwellings
within 300 feet of the operations and Rule 2.07.6(2)(d)(iii)(c) within 100 feet of a
cemetery.
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. A letter of
compatibility was mailed to Somerset Mining Company, now Oxbow Mining, LLC, on
April 19, 1990 (2.07.6(2)(d)(iii)(D)). The letter was signed by U.S. Forest Service
District Ranger Steven L. Posey, who, by law, has been given the power to sign for the
Secretary of the Department of Agriculture.
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 received, notices published, public hearing
opportunities provided, and written findings made (2.07.6(2)(d)(iv)). The Sanborn
Creek Tract permit area and Sanborn East Tract permit area are located within 100 feet
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