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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 /> 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. The proposed permit area is not within an area designated unsuitable for surface coal <br /> mining operation and/or within an area under study for designation as unsuitable for <br /> surface coal mining operations in accordance with Rule 2.07.6(2)(e). <br /> 6. For this surface mining operation,private mineral estate has not been severed from private <br /> surface estate, therefore, the documentation specified by Rule 2.03.6(2) is not required <br /> (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 Trapper Mining, <br /> Inc. 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 /> Coal Mining Reclamation Act(2.07.6(2)(g)(i)). <br /> 8. Prior to proposing this decision, on 4 February 2025 the Division queried the Office of <br /> Surface Mining Applicant Violator System. The system recommendation for the proposed <br /> application was "adequate." <br /> 9. Trapper Mining, Inc. 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 /> 10. 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 /> 11 <br />