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1977, not within: <br />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 operations <br />(2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife Refuge System, the <br />National System of Trails, the National Wilderness Preservation System, the Wild and <br />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 <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 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 <br />provided, and written findings made (2.07.6(2)(d)(iv)); <br />Mining -related disturbance will occur within 100 feet of the four County Roads (AA, <br />26.00, Z and 26.50) surrounding the permit area. Condition number 6 reads, "Use <br />of the 100 foot buffer zone adjacent to County road right-of-ways will be permitted <br />for surface activities which include: soil stockpiles, haul roads, maintenance <br />facilities, office, parking areas, storage areas, and other similar mining support <br />facilities. All surface facilities and mining activities shall maintain a 25 foot setback <br />from all road right-of-ways." <br />h) 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 />5. On the basis of information submitted by Western Fuels -Colorado, LLC in the form of <br />cultural resources inventories, the Division finds that subject to valid existing rights as of <br />August 3, 1977, the mining operation will not adversely affect any publicly owned park or <br />place listed on or eligible for listing in the National Register of Historic Places as determined <br />by the State Historic Preservation Office (2.07.6(2)(e)(i)). <br />6. For this surface mining operation, private mineral estate has been severed from private <br />surface estate; therefore, the documentation specified by Rule 2.03.6(2) has been provided <br />in Appendix 2.03.6-1(a) in the form of a Memorandum of Surface Lease and Purchase <br />11 <br />