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c) The boundaries of the National Park System, the National Wildlife Refuge System, the <br /> National System of Trails, the National Wilderness Preservation System, the Wild and Scenic <br /> Rivers System including rivers under study for designation, and National Recreation Areas <br /> (2.07.6(2)(d)(iii)(A)); <br /> d) Three hundred feet of any public building, school,church, community or institutional building, <br /> 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 been <br /> made by the Secretary of the U.S.Department of Agriculture(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 mine access <br /> or haul roads join such line, and excepting any roads for which the necessary approvals have <br /> been received, notices published, public hearing opportunities provided, and written findings <br /> made(2.07.6(2)(d)(iv)); <br /> h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been <br /> provided(2.07.6(2)(d)(v)). <br /> 5. On the basis of information submitted by the permittee, in the form of cultural resource survey <br /> documentation in Appendix J and commitments in Section 4.1.3 of the PAP, as well as assessments <br /> made by OSM in their January, 1993, Mining Plan Decision Document, and letters of November 7, <br /> 1996 and February 5, 2001 from the State Historic Preservation Officer(SHPO), the Division finds <br /> that, subject to valid existing rights as of August 3, 1977, the mining operation will not adversely <br /> affect any 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 (SHPO) (2.07.6(2)(e)(i)). <br /> The SHPO has noted that one known archaeology site potentially eligible for listing had been <br /> identified on the permit area (5GF741), but the site would not be affected by the approved mining <br /> plan. The SHPO included a reminder in their letters that if previously unidentified archaeological <br /> resources are discovered, work would need to be interrupted until the resources are evaluated <br /> pursuant to the eligibility criteria of 36 CFR 60.4. A commitment to this effect is included in the <br /> permit application package. <br /> 6. Because this is and underground operation which does not involve the surface mining of coal, the <br /> 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 federal <br /> agencies as a result of the Section 34-33-114(3)compliance review required by the Colorado Surface <br /> Coal Mining Reclamation Act, and based on compliance checks made via the Applicant Violator <br /> System (AVS) the Division finds that Central Appalachia Mining, LLC (CAM) does not own or <br /> control any operations which are currently in violation of any taw, rule, or regulation of the United <br /> States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and <br /> Reclamation Act or the Colorado Surface Coal Mining Reclamation Act(2.07.6(2)(g)(i)). <br /> 8. Central Appalachia Mining, LLC 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 resulting <br /> irreparable damage to the environment as to indicate an intent not to comply with the provisions of <br /> the Act(2.07.6(2)(h)). <br /> 10 <br />