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4. The Division finds that the affected area is, subject to valid rights existing as of August 3, <br /> 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, <br /> the National System of Trails, the National Wilderness Preservation System, the Wild <br /> and 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 <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 (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 correspondence with the office of the State Historic Preservation Officer, <br /> the Division finds that, subject to valid existing rights as of August 3, 1977, the mining <br /> operation will not adversely affect any publicly owned park or place listed on or eligible <br /> for listing in the National Register of Historic Places as determined by the State Historic <br /> Preservation Office (2.07.6(2)(e)(i)). <br /> 6. This is an underground mining operation, and the private mineral estate has both been <br /> severed from private surface estate in some areas and has not been severed in other areas. <br /> The documentation specified by Rule 2.03.6(1), in the form of a deed on file with the Las <br /> Animas County Courthouse, has been provided. <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, the Division finds that New Elk Coal <br /> Company, LLC does not own or control any operations which are currently in violation of <br /> New Elk Mine <br /> November 2019 Findings for RN-07 <br /> 10 <br />