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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 <br /> operations (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 <br /> Wild and Scenic Rivers System including rivers under study for designation, and <br /> National Recreation Areas (2.07.6(2)(d)(iii)(A)); <br /> d) Three hundred feet of any public building, school, church, community or <br /> institutional 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. The permit area of the Bowie <br /> No. 1 Mine is within 100 feet of three public roads: Highway 133, Stevens Gulch <br /> Road and a BLM access road to East Roatcap Creek. Public notices, which <br /> provided opportunities for public hearings, were published weekly for these roads <br /> on March 19, 1981 through April 9, 1981, February 6, 1991, and March 10, 1992. <br /> Written approval for use and undermining of Stevens Gulch Road was obtained <br /> from the U.S. Forest Service as well as written approval from BLM for use of the <br /> East Roatcap Creek public access road. The highway temporary coal stockpile area <br /> and the coal loadout area are subject to valid existing rights (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 information submitted by BRL in the form of several cultural resource site <br /> surveys, a letter from the Bureau of Land Management, and a letter from the Colorado <br /> State Historic Preservation Office (received September 8, 2022), the Division finds that <br /> subject to valid existing rights as of August 3, 1977,the mining operation will not adversely <br /> affect any publicly owned park or place listed on or eligible for listing in the National <br /> Register of Historic Places as determined by the State Historic Preservation Office <br /> (2.07.6(2)(e)(i)). <br /> 17 <br />