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1) the applicant has obtained the necessary approvals from the Colorado <br />Department of Transportation, and <br />2) the interests of the public and affected landowners will be protected from the <br />proposed mining operations. <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner <br />has been provided (2.07.6(2)(d)(v)). Occupied dwellings are within 300 feet of the <br />operator's surface operations. Since the Somerset Mine was a pre- existing operation, <br />waivers from the owners of these dwellings are not necessary. The operator proposes <br />no additional activities within 300 feet of any known occupied dwelling. <br />5. On the basis of information submitted by Somerset Mining Company, now Oxbow <br />Mining, LLC., in the form of two separate studies, one conducted by Centuries Research, <br />Inc. and one by Grand River Institute, and a letter from the Colorado State Historic <br />Preservation Officer, the Division finds that subject to valid existing rights as of August 3, <br />1977, the mining operation will not adversely affect any publicly owned park or place <br />listed on or eligible for listing in the National Register of Historic Places as determined by <br />the State Historic Preservation Office (2.07.6(2)(e)(i)). <br />6. For this surface mining operation, private mineral estate has not been severed from private <br />surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not required <br />(2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34 -33- 114(3) compliance review required by the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that Oxbow Mining, <br />LLC does not own or control any operations which are currently in violation of any law, <br />rule, or regulation of the United States, or any State law, rule, or regulation, or any <br />provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br />Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />8. Oxbow Mining, LLC does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with <br />such resulting irreparable damage to the environment as to indicate an intent not to comply <br />with the provisions of the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area (2.07.6(2)(i)). <br />10. The Division estimates the reclamation liability for mining operations in this permit term <br />to be $4,239,899.80. The Division currently holds a $4,871,606.00 performance bond for <br />the Elk Creek Mine which is greater than the current liability estimate. <br />11. The Division has made a negative determination for the presence of prime farmland within <br />15 <br />