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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 has <br />been made by the Secretary of the U.S. Department of Agriculture (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 mine <br />access or haul roads join such line, and excepting any roads for which the necessary <br />approvals have been received, notices published, public hearing opportunities provided, <br />and written findings made (2.07.6(2)(d)(iv)); <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has <br />been provided to the Division. (2.07.6(2)(d)(v)) <br />5. On the basis of information submitted by the applicant, in the form of cultural resource <br />surveys, the Division finds that subject to valid existing rights as of August 3, 1977, the <br />mining operation will not adversely affect sites eligible, or potentially eligible, for listing in <br />the National Register of Historic Places as determined by the State Historic Preservation <br />Office. (2.07.6(2)(e)(I)) <br />6. For this surface mining operation, the majority mineral owner concurred with the initial <br />approval for surface mining as proposed and approved under PR -01. Since that time, the <br />private coal lease originally issued to Lorencito Coal Company has been terminated <br />effective July 1, 2005. A surface use agreement effective January 1, 2001 between the Hill <br />Ranch, the surface owner, and Lorencito Coal Company, as contained in Exhibit 2 of the <br />permit application, represents the current right to enter lands within the permit area. <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 New Elk Coal <br />Company, 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 any <br />provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal <br />Mining Reclamation Act. (2.07.6(2)(g)(I)) <br />8. New Elk Coal Company, LLC does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such nature, duration, and <br />with such resulting irreparable damage to the environment as to indicate intent not to comply <br />with the provisions of the Act. (2.07.6(2)(h)) <br />12 <br />