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No. 1 (PR-1), and received from the public meeting held on March 21, 1991 in the <br /> town of Somerset (no public meeting was requested for Sanborn East Tract), the <br /> Division finds that: <br /> i. The applicant has obtained the necessary approvals from the Colorado <br /> Department of Transportation, and <br /> ii. The interests of the public and affected landowners will be protected <br /> from the proposed mining operations. <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)). Occupied dwellings are within 300 feet of the <br /> operator's surface operations. Due to the Somerset Mine being a pre-existing <br /> operation, waivers from the owners of these dwellings are not necessary. The <br /> operator proposes no additional activities within 300 feet of any known occupied <br /> dwelling. <br /> 5. On the basis of information submitted by Somerset Mining Company, now Oxbow <br /> Mining, LLC., in the form of two separate studies, one conducted by Centuries Research, <br /> Inc. and one by Grand River Institute, and a letter from the Colorado State Historic <br /> Preservation Officer, the Division finds that subject to valid existing rights as of August 3, <br /> 1977, the mining operation will not adversely affect any publicly owned park or place <br /> listed on or eligible for listing in the National Register of Historic Places as determined by <br /> the State Historic Preservation Office (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)(0). <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 <br /> the Colorado Surface Coal Mining Reclamation Act,the Division finds that Oxbow <br /> Mining, LLC. does not own or control any operations which are currently in violation of <br /> any law, rule, or regulation of the United States, or any State law, rule, or regulation, or <br /> any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br /> Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br /> 8. Oxbow Mining, LLC does not control and has not controlled mining operations with a <br /> demonstrated pattern of willful violations of the Act of such nature, duration, and with <br /> such resulting irreparable damage to the environment as to indicate an intent not to comply <br /> with the provisions of the Act (2.07.6(2)(h)). <br /> 9. The Division finds that surface coal mining and reclamation operations to be performed <br /> under this permit will not be inconsistent with other such operations anticipated to be <br /> performed in areas adjacent to the permit area(2.07.6(2)(i)). <br /> 10. The Division estimates the reclamation liability for mining operations in this permit term <br /> 14 <br />