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• On any Federal lands within the boundaries of any National Forest (Rule <br />2.07.6(2)(d)(iii)(D)); <br />• Within 300 hundred feet, measured horizontally, from any occupied dwelling (Rule <br />2.07.6(2)(d)(v))• <br />Rule 2.07.6(2)(d)(iv) prohibits affected areas to be within 100 feet of public road rights-of-way <br />without certain waivers. In compliance with such waivers, two sediment control ponds and a water <br />pipeline are within 100 feet of public road rights-of-way. The Division found, after the necessary <br />approvals were received, notices published, public hearing opportunities provided, and written <br />findings made, that the interests of the public and affected landowners would be protected from <br />the proposed mining operations. Other affected areas are not within 100 feet, measured <br />horizontally, of the outside right-of-way line of any public road except where mine access or haul <br />roads join such roads. <br />V. Impact on Public Parks <br />On the basis of information submitted by Colowyo in the form of five cultural resource inventories <br />and associated reviews and comments (Exhibit 5 of the PAP), 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 (Rule 2.07.6(2)(e)(i)). <br />VI. Mineral and Surface Estates <br />Private mineral estate has, in part, been severed from private surface estate. Colowyo owns all <br />private lands to be affected within the permit area. Documentation in the PAP verifying this is in <br />the form of copies of property deeds (Rule 2.07.6(2)(f)). <br />VII. Applicant/Violator System <br />On the basis of evidence submitted by Colowyo and received from other State and Federal agencies <br />as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal <br />Mining Reclamation Act, the Division finds that neither Colowyo, nor any person who owns or <br />controls Colowyo, nor any surface coal mining and reclamation operation owned by Colowyo, <br />owns or controls any operations that are currently in violation of any law, rule, or regulation of the <br />United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control <br />and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (Rule 2.07.6(2)(g)). <br />VIII. Willful Violations <br />Colowyo, and all persons who own or control Colowyo, do not control and have not controlled <br />mining operations with a demonstrated pattern of willful violations of the Act of such nature, <br />duration, and with such resulting irreparable damage to the environment as to indicate an intent <br />Revised Proposed Decision and Findings of Compliance August 2018 <br />Permit Renewal No. 7 P a g e 128 <br />