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h) Three hundred feet of an occupied dwelling unless a written waiver from the <br />owner has been provided (2.07.6(2)(d)(v)). <br />5. On the basis of information submitted by the applicant in the form of a Environmental <br />Assessment Report from the BLM dated January l8, 1979, as well as a letter dated May <br />9, 1983 from the Colorado Historical Society, 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 pazk or place listed on or eligible for listing in the National Register of <br />Historic Places as determined by the State Historic Preservation Office. One site, the <br />Foidel Canyon Schoolhouse, is located along Foidel Creek within the permit boundazy. <br />It is referenced in Stipulation 3 of this permit and the operator is required to maintain the <br />fence surrounding the school and insure that the structures within the fence are not <br />vandalized nor the land disturbed (2.07.6(2)(e)(i)). <br />6. The surface of this mine is owned by Cyprus Western Coal Company, Log Creek, Inc, <br />Cross Mountain Ranch Limited Partnership, or the USDA-BLM. All coal is owned by <br />the BLM; therefore, the documentation specified by Rule 2.03.6(2) is not required <br />(2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-114(3) compliance review required by <br />the Colorado Surface Coal Mining Reclamation Act, [he Division finds that Colorado <br />Yampa Coal Company does not own or control any operations which aze currently in <br />violation of any 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 Reclamation Act or the <br />Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />Stipulation No. 27 is being added to the permit as a result of querying the <br />Applicant/Violator System on September 9, 1996, November 26, 1996, December 12, <br />1996, February 18, 1997, and Februazy 24, 1997, with final resulting system <br />recommendations of "Deny". Upon consultation with the OSM in accordance with the <br />Division's Memorandum of Understanding, OSMRE provided a "Conditional Issue" <br />recommendation with the following permit condition: <br />STIPULATION NO. 27: <br />The permit is issued subject to final resolution of the ownership and control rules <br />challenge before the D.C. Circuit Court of Appeals. On January 31, 1997, the Court of <br />Appeals rendered a decision unfavorable to OSM's ownership and control regulations. <br />Once all avenues of judicial review have been exhausted, [his permit will be reviewed to <br />determine if it is in compliance with applicable requirements. <br />17 <br />