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c) The boundaries of the National Park System, the National Wildlife Refuge System, <br />the National System of Trails, [he 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 has <br />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. On the basis of information submitted by Oakridge Energy, Inc. in the form of a letter dated <br />December I, 1992 from the Stale Historic Preservation Office, the Division finds [ha[, subject <br />to valid existing rights as of August 3,1977, the mining operation will not adversely affect any <br />publicly owned park or place listed on or eligible for listing in the National Register of <br />Historic Places as determined by the State Historic Preservation Office (2.07.6(2)(e)(i)). <br />6. For this surface mining operation, 25 percent of the private mineral estate has been severed <br />from private surface estate. Documentation specified by Rule 2.03.6(2) has consequently <br />been provided in the form of a coal lease (See Appendix 3-2) (2.07.6(2)(f)). <br />On the basis of evidence submitted by the applicant and received From other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that Oakridge Energy, Inc. does not <br />own or control any operations which are currently in violation of any law, rule, or regulation <br />of the United States, or any State law, rule, or regulation, or any provision of the Surface <br />Mining Control and Reclamation Actor the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i)). <br />Oakridge Energy, 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 such <br />resulting irreparable damage to the environment as to indicate an intent not to comply with <br />the provisions of [he Act (2.07.6(2)(h)). <br />16 <br />