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a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)); <br />b) An area under study for designation as unsuitable for surface coal mining <br />operations (2.07.6(2)(d)(ii)); <br />C) The boundaries of the National Park System, the National Wildlife Refuge <br />System, the National System of Trails, the National Wilderness Preservation <br />System, the Wild and Scenic Rivers System including rivers under study for <br />designation, and National Recreation Areas (2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or <br />institutional 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 <br />compatibility has been made by the Secretary of the U.S. Department of <br />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 <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)); <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the <br />owner has been provided (2.07.6(2)(d)(v)). <br />5. On the basis of information submitted by Oakridge Energy, Inc. in the form of a letter <br />dated February 20, 2008 from the State Historic Preservation Office, the Division finds <br />that subject to valid existing rights as of August 3, 1977, the mining operation will not <br />adversely affect any publicly owned park or place listed on or eligible for listing in the <br />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, 25 percent of the private mineral estate has been <br />severed from private surface estate; therefore, the documentation specified by Rule <br />2.03.6(2) has been provided in the form of a coal lease (see Appendix 3 -2) (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 <br />the Colorado Surface Coal Mining Reclamation Act, the Division finds that Oakridge <br />Energy, Inc. 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 <br />Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />15 <br />