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6. Not within 300 hundred feet, measured horizontally, from any occupied dwelling [in <br />compliance with Rule 2.07.6(2)(d)(v)]. <br />7. Adverse Impacts. On the basis of information submitted by Colowyo Coal Company in the <br />form of five cultural resource inventories and associated reviews and comments (in Exhibit 5 of <br />the permit), the Division finds that, subject to valid existing rights as of August 3, 1977, the <br />mining operation will not adversely affect any publicly owned park or place listed on or eligible <br />for listing in the National Register of Historic Places as determined by the State Historic <br />Preservation Office [in compliance with Rule 2.07.6(2)(e)(i)] in the East Pit, West Pit, Section <br />16, and South Taylor mining areas. <br />The Division requested a Section 106 Consultation from OSM for the Collom Expansion area. <br />The State Historic Preservation Officer provided recommendations to ensure compliance with <br />the National Historic Preservation Act, National Environmental Policy Act and eligibility for the <br />National Register of Historic Places. CCC provided a Cultural Resource Protection Plan <br />(Exhibit 5, Item 3 in Volume 16). SHPO provided concurrence with Colowyo's Cultural <br />Resource Protection Plan. Colowyo commits to conducting additional baseline assessments of <br />all NHRP eligible and "need data" sites within the proposed Collom Expansion Area boundary. <br />This baseline will evaluate previously identified sites, as well as delineate high potential areas <br />for cultural resources. If areas are identified as high potential areas, additional monitoring will <br />be required. This additional high potential monitoring will be conducted prior to topsoil salvage, <br />a report prepared by a Colorado permitted archaeologist will be provided to the Division. <br />Colowyo will conduct follow up field investigations every four years, ceasing after 12 years if no <br />effect determination is made for impacts to historic or archaeological sites. Discontinuation of <br />the additional field investigation may be requested with coordination from DRMS, SOM and <br />SHPO. The Division finds this commitment to be in compliance with Rule 2.07.6(2)(e)(iii). <br />As a result of the preceding permit commitments, Stipulation 16 shall be added to the permit: <br />STIPULATION 16: <br />THE OPERATOR SHALL SUBMIT AS MINOR REVISIONS TO THE PERMIT THE <br />FINDINGS OF ARCHAEOLOGIC REPORTS AS REQUIRED BY PR3 PERMIT <br />COMMITMENTS IN EXHIBIT 5, INTO THE PERMIT FOR INCLUSION INTO EXHIBIT 5 <br />(THE CULTURAL RESOURCES INVENTORY). <br />8. Mineral and Surface Estates. Private mineral estate has, in part, been severed from private <br />surface estate. Colowyo owns all private lands to be affected within the Permit area. <br />Documentation in the Permit verifying this is in the form of copies of property deeds [Rule <br />2.03.6(2)]. <br />D. Applicant /Violator System. On the basis of evidence submitted by the Applicant and received <br />from other state and federal agencies as a result of the Section 34 -33- 114(3) compliance review <br />Colowyo Coal Mine C1981 -019 PR -03 37 April 10, 2013 <br />