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11 the applicant has obtained the necessary approvals from the <br />Colorado State Department of Highways, <br />21 the interests of the public and affected landowners will be <br />protected from the proposed mining operations. <br />hl Three hundred feet of an occupied dwelling unless a written waiver <br />from the owner has been provided (2.07.6(21fd1(vll, <br />5. On the basis of information submitted by Somerset Mining Company and the <br />Colorado State Historic Preservation Officer in the form of a study <br />conducted by Centuries Research, Inc. and a letter, respectively, the <br />Division finds that subject to valid existing rights as of August 3, <br />1977, the mining operation will not adversely affect any publicly owned <br />park or place listed on or eligible for listing in the National Register <br />of Historic Places as determined by the State Historic Preservation <br />Office. (2.07.6(2)(el(ill. <br />6. For this surface mining operation, private mineral estate has not been <br />severed from private surface estate, therefore, the documentation <br />specified by Rule 2.03.6121 is not required. (2.07.6(21(f)1. <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 Somerset Mining Company does not <br />own or control any 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 />12.07,6(21(g)(ill. <br />8. Somerset Mining Company 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 />provisions of the Act. (2.07.6(21(h)1. <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. (2.07.6121(ill, <br />10. The Division currently holds and approved bond in the form of a Letter of <br />Credit in the amount of E575,000.00. Somerset Mining Company has <br />proposed to bond the additional disturbance for 496,000.00 bringing the <br />total bond amount to E671,000.00 This amount has received initial <br />approval. The actual additional bond must be submitted within 5 days <br />after the public comment period ends. Final approval of the additional <br />bond shall be required before the permit will issue. <br />_11_ <br />