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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 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 [2.07.6(2)(d)(iii)(13)]; <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 /> h) Three hundred feet of an occupied dwelling [2.07.6(2)(d)(v)]. <br /> 5. On the basis of information submitted by CEC in the form of a letter(written by Cultural <br /> Resource Consultants, Inc.,November 10, 1978, on file as Appendix E-1 in the PAP),the <br /> Division finds that subject to valid existing rights as of August 3, 1977,the mining <br /> operation will not adversely affect any publicly owned park or place listed on or eligible <br /> for listing in the National Register of Historic Places as determined by the State Historic <br /> Preservation Office [2.07.6(2)(e)(i)]. <br /> 6. For this surface mining operation, private mineral estate has been severed from private <br /> surface estate. Therefore, the documentation specified by Rule 2.03.6(2)has been <br /> provided 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 /> Act,the Division finds CEC does not own or control any operations that are currently in <br /> violation of any law,rule, or regulation of the United States (including any provision of <br /> the Surface Mining Control and Reclamation Act). Nor does CEC own or control any <br /> operations that are currently in violation of any State law,rule, or regulation (including <br /> any provision of the Act) [2.07.6(2)(g)(i)]. <br /> 8. CEC 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 /> Keenesburg Strip Mine Page 7 <br /> October 2024 Findings for PR-03 <br />