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(Probable Hydrologic Consequences),of this findings document for additional discussion of <br /> the predicted hydrologic consequences of mining operations at the Seneca IIW Mine <br /> (2.05.6(3) and 4.05). <br /> 4. The Division finds that the affected area is, subject to the valid rights existing as of 3 <br /> August 1977,with these rights remaining in place at the time of the writing of this findings, <br /> 2021.7, and are not within: <br /> a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(0) <br /> b) An area under study for designation as unsuitable for surface coal mining operations <br /> (2.07.6(2)(d)(11)) <br /> 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)(111)(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)(110(13)) <br /> e) One hundred feet of a cemetery (2.07.6(2)(d)(111)(C)) <br /> f) The boundaries of any National Forest (2.07.6(2)(d)(111)(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. <br /> h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has <br /> been provided. <br /> 5. On the basis of correspondence from the State Historic Preservation Office (SHPO), the <br /> Division finds 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 <br /> the National Register of Historic Places, as determined by the State Historic Preservation <br /> Office (2.07.6(2)(e)(0). In a letter of November 30, 1999 associated with review of Permit <br /> Revision No. 2, the SHPO noted that the entire proposed permit boundary had previously <br /> been surveyed for cultural resources, and that only two rock art sites had been determined <br /> eligible for listing in the National Register of Historic Places. Subsequent correspondence <br /> documented that adequate protections and documentation had been completed with respect to <br /> the eligible sites (both located within or adjacent to the original mine permit boundary). In a <br /> letter of July 17,2000 associated with Permit Renewal No. 3 (RN3), the SHPO stated: <br /> Since the renewal will involve no changes to the permitted mining boundaries, we find <br /> that there will be no effect to cultural resources. <br /> There has been no expansion of the permit boundary since the 1999 approval of PR2. The <br /> SHPO's No Effect finding was confirmed in a letter dated, August 3, 2015, in response to the <br /> Division's RN6 application notification letter. <br /> 6. For this surface mining operation, private mineral estate has been severed from private <br /> surface estate. Documentation specified by Rule 2.03.6(2)is provided in Appendix 3-3 and <br /> Appendix 3-4 of the permit application package as revised in PR4(2.07.6(2)(±). <br /> 7. Applicant Violator System. On the basis of evidence submitted by the applicant and <br /> received from other state and federal agencies as a result of the Section 34-33-114(3) <br /> compliance review required by the Colorado Surface Coal Mining Reclamation Act, the <br /> Page 11 of 37 <br />