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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 />d) Three hundred feet of an occupied dwelling unless a written waiver from the owner has <br />been provided (2.07.6(2)(d)(v)). <br />On the basis of information submitted by Oakridge Energy, Inc. in the form of a letter dated <br />February 20, 2008 from the State Historic Preservation Office, the Division finds that, subject to <br />valid existing rights as of August 3, 1977, the mining operation will not adversely affect any <br />publicly owned park or place listed on or eligible for listing in the National Register of Historic <br />Places as determined by the State Historic Preservation Office (2.07.6(2)(e)(i)). <br />6. For this surface mining operation, 25 percent of the private mineral estate has been severed from <br />private surface estate. Documentation specified by Rule 2.03.6(2) has consequently been <br />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 federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that Oakridge Energy, Inc. does not <br />own or control any operations which are currently in violation of any law, role, or regulation of <br />the United States, or any State law, role, or regulation, or any provision of the Surface Mining <br />Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i)). <br />Oakridge Energy, Inc. 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 such <br />resulting irreparable damage to the environment as to indicate an intent not to comply with the <br />provisions of the Act (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed under <br />this permit will not be inconsistent with other such operations anticipated to be performed in <br />areas adjacent to the permit area (2.07.6(2)(i)). <br />10. The on -the -ground reclamation liability for the Carbon Junction Mine is $84,714.00. Bond in <br />this amount would be sufficient to complete all remaining reclamation in the event the permit is <br />revoked, the bond is forfeited and reclamation is completed by the Board through third -party <br />contractors. The current liability in the Division's Permit System for the site is $112,165.00. <br />While the Permit System reclamation liability ($112,165.00) is greater than the on -the -ground <br />remaining reclamation liability ($84,714.00), the $112,165.00 amount has been statutorily set <br />with the approval of SL -04, pursuant to Rule 3.03.1(2)(b). The Division currently holds a <br />corporate surety from JP Morgan Chase (Bond Number 00331076) in the amount of <br />$112,165.00. No additional bond monies are required as a result of this revision. <br />11 <br />