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) Three hundred feet of an occupied dwelling unless a <br />written waiver from the owner has been provided <br />(2.07.6(2)(d)(v)). <br />5. On the basis of information submitted by Dorchester Coal, Inc. <br />in the form of a survey dated 1979 (see Exhibit 6), the <br />Division finds that subject to valid existing rights as of <br />August 3, 1977, the mining operation will not adversely affect <br />any publicly owned park or place listed on or eligible for <br />listing in the National Register of Historic Places as <br />determined by the State Historic Preservation Office. <br />{2.07.6(2)(e)(i)). <br />6. For this surface mining operation private mineral estate has <br />been severed from private surface estate; therefore, the <br />documentation specified by Rule 2.03.6(2) has been provided in <br />the form of lease agreements, see Section 2.03.6, pages <br />2.03.30-38 of the permit application. (2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and <br />received from other state and federal agencies as a result of <br />the Section 34-33-114(3) compliance review required by the <br />Colorado Surface Coal Mining Reclamation Act, the Division <br />finds that Energy Fuels Coal, Inc. does not own or control any <br />operations which are currently in violation of any law, rule, <br />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 <br />Reclamation Act. (2.07.6(2)(g)(i)). <br />8. Energy Fuels Coal, Inc. does not control and has not <br />controlled mining operations with a demonstrated pattern of <br />willful violations of the Act of such nature, duration, and <br />with such resulting irreparable damage to the environment as <br />to indicate an intent not to comply with the provisions of the <br />Act. (2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation <br />operations to be performed under this permit will not be <br />inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area. <br />(2.07.6(2){i)). <br />10. The Division currently holds a surety bond (bond number 16-66- <br />96) in the amount of $914,443.00 from the National Union Fire <br />Insurance Company. The reclamation bond is currently under <br />SouthEeld Mine Permit Renewal 03 <br />28 <br />