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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 (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 />Mining and reclamation activities will be conducted within 100 feet of current public <br />roads. However, when reclamation activities that could create a potential safety hazard <br />are occurring, public access will be prevented and traffic will bypass the specific work <br />area while such activity is being conducted. These activities will be sequenced in a <br />manner to allow public travel through the area on other public roads in the immediate <br />vicinity. <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 />Mine operations, including blasting, extraction and reclamation, did occur within three <br />hundred feet of occupied dwellings. Coal extraction ceased in 2013, but reclamation <br />activities will continue during the next five years. Landowner waivers are provided in <br />Attachment 2.03.7-1. <br />5. On the basis of information submitted by The Colorado Historical Society in the form of a <br />letter received October 19, 1999, from Susan M. Collins, Deputy State Historic Preservation <br />Officer, the Division finds that, subject to valid existing rights as of August 3, 1977, the <br />mining operation will not adversely affect any publicly owned park or place listed on the <br />National Register of Historic Places (2.07.6(2)(e)(i)). <br />6. For this surface mining operation, private mineral estate has been severed from private <br />surface estate in some cases; therefore, the documentation specified by Rule 2.03.6(2) has <br />been provided in Section 2.03.6 (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 ERMR does not own or control <br />19 <br />