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necessary approvals have been received, notices published, public hearing <br /> opportunities provided, and written findings made (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. Information pertaining to cultural and historic resources can be found in Tab 5 of Volume <br /> 1 of the revised PAP. On the basis of information submitted by HGT in the form of a 1980 <br /> records and file search of known historical sites, as well as letters of concurrence from the <br /> Colorado Historical Society (November 11, 1992, December 12, 2002 for RN-2, and <br /> again on December 6, 2022) and Bureau of Land Management, Little Snake Field Office <br /> (November 18, 1992 and again on February 3, 2003 for RN2), the Division finds that, <br /> subject to valid existing rights as of August 3, 1977, the mining operation will not <br /> adversely affect any publicly owned park or place listed on or eligible for listing in the <br /> National Register of Historic Places as 15 determined by the State Historic Preservation <br /> Office (2.07. 6(2)(e)(i)). <br /> 6. For this loadout operation, private mineral estate has been severed from private surface <br /> estate. The permittee is not proposing to mine coal within the permit boundary, therefore, <br /> 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 <br /> the Colorado Surface Coal Mining Reclamation Act, the Division finds that, based on <br /> information received from the Office of Surface Mining Applicant Violator System, <br /> operations owned or controlled by HGT do not own or control any operations which are <br /> currently in violation of any law, rule, or regulation of the United States, or any State law, <br /> rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or <br /> the Colorado Surface Coal Mining Reclamation Act. (2. 07. 6(2)(g)(i)). AVS was checked <br /> on December 14, 2022. The applicant violator system (AVS)was queried again on August <br /> 2, 2023. No problems or outstanding enforcement actions were identified as a result of the <br /> AVS check. <br /> 8. HGT does not control and has not controlled mining operations with a demonstrated <br /> pattern of willful violations of the Act of such nature, duration, and with such resulting <br /> irreparable damage to the environment as to indicate an intent not to comply with the <br /> 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 currently holds a corporate surety in the amount of$721,823.00. The cost <br /> estimate for bond liability has been revised as a result of the renewal application with costs <br /> updated in 2022. The Division estimates the on-the -ground reclamation liability for <br /> mining operations in this permit term to be $865,033.00. The amount of performance bond <br /> 14 <br />