2013-04-05_REVISION - C1996083 (12)

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Scenic Rivers System, including rivers under study for designation, and national Recreation Areas (2.07.6(2)(d)(111)(A)); d) Three hundred feet of any public building, school, church, community or institutional building, or public park (2.07.6(2)(d)(111)(B)); e) One hundred feet of a cemetery (2.07.6(2)(d)(111)(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)(111)(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 received, notices published, public hearing opportunities provided and written findings made (2.07.6(2)(d)(iv)). At the time of the initial permit application, a portion of the surface facilities was located within 100 feet of the outside right -of -way of old State Highway 133. The location of these facilities extended from the old Bowie town site to about 500 feet east of the old Bowie power plant. The Division published a newspaper notice in the Delta County Independent, which specifically advised the public of this situation and which invited any interested party to request a public hearing. No such requests were received. The publication occurred on August 7, 1996, and the proof of publication was received by the Division on August 12, 1996. Additionally, on July 26, 1996 the Division received a letter dated July 8, 1996 written from the Colorado Department of Transportation to Bowie Resources, Limited specifically allowing such activities within 100 feet of the highway. This letter is contained in Volume 111, Exhibit 14 of the Bowie No. 2 Mine permit application document. The proof of publication and the Department of Transportation letter are contained within the Division's correspondence files for the Bowie No. 2 Mine permit application. Volume III, Exhibit 13 of the permit application also contains a copy of the Colorado Department of Transportation State Highway Access Permit granted for the Bowie No. 2 Mine; Through Permit Revision No. 3, BRL obtained approval to construct certain facilities within 100 feet of the right -of -way of old State Highway 133. The facilities included the coal stockpile, coal haul truck loading system and the relocated pond B. A public notice was published in the Delta County Independent informing the public of their right to request an informal conference concerning this situation. No requests were received that specifically requested an informal conference to discuss the right -of -way issue, although two informal conferences were held, on August 5, 1999 and September 13, 1999, to discuss all of the issues contained in Permit Revision No. 3. Additionally, BRL submitted a letter from the Colorado Department of Transportation (CDOT), dated January 12, 1999, in which permission was granted for construction of the proposed facilities within 100 feet of the right -of -way of old State Highway 133. A copy of the letter is in Tab 14 of Volume III of the Bowie No. 2 Mine permit application. Tab 13 of 16