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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 operations <br />(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 Wild and Scenic <br />Rivers System including rivers under study for designation, and National Recreation Areas <br />(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 <br />mine 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, and <br />written findings made (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 the permittee, in the form of cultural resource survey <br />documentation in Appendix J and commitments in Section 4.1.3 of the PAP, as well as assessments <br />made by OSM in their January, 1993, Mining Plan Decision Document, and letters of November 7, <br />1996, February 5, 2001, and December 2, 2005, from the State Historic Preservation Officer (SHPO), <br />the Division fmds that, subject to valid existing rights as of August 3, 1977, the mining operation <br />will not adversely affect any publicly owned park or place listed on or eligible for listing in the <br />National Register of Historic Places as determined by the State Historic Preservation Office (SHPO) <br />(2.07.6(2)(e)(i)). The SHPO has noted that one known archaeology site potentially eligible for listing <br />had been identified on the permit area (5GF741), but the site would not be affected by the approved <br />mining plan. The SHPO included a reminder in their letters that if previously unidentified <br />archaeological resources are discovered, work would need to be interrupted until the resources are <br />evaluated pursuant to the eligibility criteria of 36 CFR 60.4. A commitment to this effect is included <br />in the permit application package. <br />6. Because this is an underground operation which does not involve the surface mining of coal, <br />the documentation specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-114(3) compliance review required by the <br />Colorado Surface Coal Mining Reclamation Act, and based on compliance checks made via the <br />Applicant Violator System (AVS), the Division finds that McClane Canyon Mining, LLC (MCM) <br />does not own or control any operations which are currently in violation of any law, rule, or <br />regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface <br />Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i))• <br />