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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 System, <br />the National System of Trails, the National Wilderness Preservation System, the <br />Wild and Scenic Rivers System including rivers under study for designation, and <br />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 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. The permit area of the Bowie <br />No. 1 Mine is within 100 feet of three public roads - Highway 133, Steven's Gulch <br />Road and a BLM access road to East Roatcap Creek. Public notices, which <br />provided opportunities for public hearings, were published weekly for these roads <br />on March 19, 1981 through April 9, 1981, February 6, 1991, and March 10, 1992. <br />Written approval for use and undermining of Steven's Gulch Road was obtained <br />from the U.S. Forest Service as well as written approval from BLM for use of the <br />East Roatcap Creek public access road. The highway temporary coal stockpile area <br />and the coal loadout area are subject to valid existing rights (2.07.6(2)(d)(iv)); <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)). <br />5. On the basis of information submitted by BRL in the form of several cultural resource site <br />surveys, a letter from the Bureau of Land Management and with a letter dated December <br />14, 2017 from the Colorado State Historic Preservation Office, the Division finds that <br />subject to valid existingrights as ofAugust 3, 1977, the mining operationwill not adversely <br />affect any publicly owned park or place listed on or eligible for listing in the National <br />Register of Historic Places as determined by the State Historic Preservation Office <br />(2.07.6(2)(e)(i))• <br />6. For this surface mining operation, private mineral estate has not been severed from private <br />surface estate, therefore, the documentation specified by Rule 2.03.6(2) is not required <br />(2.07.6(2)(f)). <br />16 <br />