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(2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife Refuge System, <br />the National System of Trails, the National Wilderness Preservation System, the Wild <br />and Scenic Rivers System including rivers under study for designation, and National <br />Recreation Areas (2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or institutional <br />building, or public park (2.07.6(2)(d)(iii)(B)); <br />e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); <br />f) The boundaries of any National Forest unless the required finding of compatibility <br />has been made by the Secretary of the U.S. Department of Agriculture <br />(2.07.6(2)(d)(iii)(D)); <br />g) One hundred feet of the outside right -of -way line of any public road except where <br />mine access or haul roads join such line, and excepting any roads for which the <br />necessary approvals have been received, notices published, public hearing <br />opportunities provided, and written findings made (2.07.6(2)(d)(iv)) (previously <br />issued findings pertain to this provision and are unaffected by PR 8); <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)) (previous findings pertain to this provision, and <br />are unaffected by PR 8). <br />5. The PR 8 application does not affect or modify the following previously issued finding. <br />On the basis of information submitted by The Colorado Historical Society in the form of a <br />letter received October 19, 1999, from Susan M. Collins, Deputy 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 the National Register of Historic Places (2.07.6(2)(e)(i)) <br />6. PR 8 application does not affect or modify the following previously issued finding. For <br />this surface mining operation, private mineral estate has been severed from private surface <br />estate in some cases; therefore, the documentation specified by Rule 2.03.6(2) has been <br />provided in Section 2.03.6 of the New Horizon 2 permit application (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 Western Fuels - <br />Colorado, LLC does not own or control any operations which are currently in violation of <br />any law, rule, or regulation of the United States, or any State law, rule, or regulation, or <br />any 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 />7 <br />