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<br /> <br />d) Three hundred feet of any public building, school, church, <br />community or institutional building, or public park; <br />e) One hundred feet of a cemetary; <br />f) The boundaries of any National Forest unless the required finding <br />by the Secretary of the U.S. Department of Agriculture has heen <br />made; <br />g) One hundred feet of the outside right-of-way line of any public <br />road except where mine access or haul roads join such line, and <br />excepting any roads for which the necessary approvals have been <br />received, notices published, public hearing opportunities provided, <br />and written findings made. <br />h) Three hundred feet of an occupied dwelling unless a written waiver <br />from the owner has been provided. <br />5. On the basis of information submitted by Trapper Mining, Inc. in the <br />original permit application and subsequent revisions under Section 2.9 <br />and Section 4.1, the Division finds that subject to valid existing rights <br />as of August 3, 1977, the mining operation will not adversely affect any <br />publicly owned park or place listed on the ~!ational Register of Historic <br />Places. <br />6. For this operation private mineral estate has been severed from private <br />surface estate, therefore the documentation specified by Rule 2.03.6(2) <br />has been provided in the form of lease agreements between the applicant <br />and the surface owner. <br />7. On the basis of evidence submitted by the applicant and received from <br />other state and federal agencies as a result of the Section 34-33-114(3) <br />compliance review required by the Colorado Surface Coal Mining <br />Reclamation Act, the Division finds that Trapper Mining, Inc. does not <br />own or control arty operations which are currently in violation of any <br />law, rule, or regulation of the United States, or any State law, rule, or <br />regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. <br />8. Trapper Mining, Inc. does not control and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act <br />of such nature, duration, and with such resulting irreparable damage to <br />the environment as to indicate an intent not to comply with the <br />pro vi sions of the Act. <br />9. The Division finds that surface coal mining and reclamation operations to <br />be performed under this permit will not be inconsistent with other such <br />operations anticipated to be performed in areas adjacent to the permit <br />area. <br />10. Final Division approval of the bond shall be required before the permit <br />will be issued. <br />-12- <br />