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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 /> The haul/access road for the Loadout joins State Highway 133. <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 /> Exhibit 12 of the PAP contains a letter from a resident south of the Loadout <br /> consenting to operations within 300 feet of his dwelling. <br /> 5. On the basis of a letter sent to the Division on August 8, 2019, from the State Historic <br /> Preservation Office, 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 operation, private mineral estate has not been severed from private surface estate; <br /> therefore,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,the Division finds that Oxbow Mining, <br /> LLC does not own or control any operations which are currently in violation of any law, <br /> 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 /> 10 <br />