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f) The boundaries of any National Forest (2.07.6(2)(d)(iii)(D)); g) One hundred feet of the outside right-of-way line of any public road except where mine access or haul roads join such line (2.07.6(2)(d)(iv)). The necessary approvals have been received, notices published, and public hearing opportunities provided for the relocation of Jackson County Road 29. Documentation of BLM and County approvals may be found in Exhibit 56. Map 28A identifies the location of right-of-ways. h) Three hundred feet of an occupied dwelling (2.07.6(2)(d)(v)). 5. On the basis of information submitted by Kerr Coal Company in the form of three Kerr Coal Company surveys (found in Exhibit 45 and located on Map 4A) and one BLM cultural resource inventory of North Park, the Division finds that, subject to valid existing rights as of August 3, 1977, the mining operation will not adversely affect any publicly owned park or place listed on the National Register of Historic Places (page 779-2aaaaaa) (Rule 2.07.6(2)(e)(i))• 6. For this surface mining operation, private mineral estate has not been severed from private surface estate. The documentation specified by Rule 2.03.6(2) is therefore not required (2.07.6(2)(f)). 7. On the basis of evidence submitted by the applicant and received from other state and federal agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that the Marr Mine does not own or control any operations which are currently in violation of any law, tvle, or regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)G))~ 8. The applicant or operator does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irrepazable damage to the environment as to indicate an intent not to comply with the provisions of the Act (2.07.6(2)(h)). 9. The Division finds that surface coal mining and reclamation operations to be performed under this permit will not be inconsistent with other such operations anticipated to be performed in azeas adjacent to the pemtit area (2.07.6(2)(1)). Historically, Marr is not alone in mining coal on Jackson County rangeland. The terminated Canadian Strip permit azea adjoins the Marr permit azea to the south and the terminated Bourg Mine is located several miles north. ]0. The Division currently holds a performance bond, in the form of a corporate surety, in the amount of $700,270.00. The Division estimates that the cost to complete the reclamation activities at the Matr Mine is $411,700.00. Marr Mine Permit Renewal 04 11 January, 2002 -17-