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4. As required by Rule 2.07.6(2)(d), the Division finds that the affected area is, subject to <br /> valid rights existing as of August 3, 1977, not within: <br /> a) An area designated unsuitable for surface coal mining operations <br /> b) An area under study for designation as unsuitable for surface coal mining operations <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 <br /> d) Three hundred feet of any public building, school, church, community or institutional <br /> building, or public park <br /> e) One hundred feet of a cemetery <br /> f) The boundaries of any National Forest <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 <br /> h) Three hundred feet of an occupied dwelling. <br /> 5. On the basis of information submitted by Coors Energy Company in the form of a letter <br /> (Appendix E-1 in the PAP), the Division finds that subject to valid existing rights as of <br /> August 3, 1977, the mining operation will not adversely affect any publicly owned park or <br /> place listed on or eligible for listing in the National Register of Historic Places as <br /> determined by the State Historic Preservation Office (2.07.6(2)(e)(i)). <br /> 6. For this surface mining operation, the private mineral estate has been severed from private <br /> surface estate, therefore the documentation specified by Rule 2.03.6(2)has been provided <br /> in Section 2.03.6 of the PAP (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,the Division finds that Coors Energy <br /> Company does not own or control any operations which are currently in violation of any <br /> law,rule, or regulation of the United States, or any State law,rule, or regulation, or any <br /> 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. Coors Energy Company 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 /> 9 <br />