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b) An azea under study for designation as unsuitable for surface coal mining operations <br />(2.07.6(2)(d)(ii)); <br />c) The boundazies 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)(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. <br />The western portion of the proposed Yoast permit is within one hundred feet of the <br />right-of--way of Routt County Road 37. Notice of opportunity for a public hearing <br />regazding mining near this road was published by the Division in the Steamboat Pilot <br />June 8, 1995. Because there was no response to the notice, no heazing was held <br />(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. The westem portion of the proposed Yoast permit area is within <br />300 feet of an occupied dwelling in Section 19. A written waiver signed by the <br />owner of that dwelling is included in Appendix 22-2 of the permit application <br />package (2.07.6(2)(a)(v)). <br />5. On the basis of information submitted by Seneca Coal Company in the form of a letter of <br />approval from the State Historic Preservation Office, the Division finds that subject to valid <br />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, 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)(t)). <br />Applicant Violator System. On the basis of evidence submitted by the applicant and received <br />from other state and federal agencies as a result of the Section 34-33-114(3) compliance <br />review required by the Colorado Surface Coal Mining Reclamation Act, the Division finds <br />Yoast Mirre 20 February 28, 2004 <br />