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informed the public of the right to request an informal conference to discuss the issues in <br />Permit Revision No. 6. There were no requests for an informal conference. <br />[n addition, BRL submitted to the Division a letter dated January 8, 2002 in which CDOT <br />approved of the proposed disturbances within 100 feet of the highway right-of--ways. <br />BRL also submitted a utility permit issued by CDOT, allowing the construction of the <br />overhead conveyor belt over Old State Highway 133. The road access permit for the <br />temporary construction access road is required to be submitted through Stipulation No. <br />13, which is attached to the Permit Revision No. 6 decision. <br />Technical Revision No. 27 provided for the storage of soil and rock material that was <br />excavated from the wash plant bench construction along the outslope of the gob pile haul <br />road. A portion of the material storage area fell within 100 feet of the right-of--way of old <br />State Highway 133. The public notice of the completeness of this revision also informed <br />the public of the right to request a public hearing. The public notice appeazed in the June <br />25, 2003 edition of the Delta County Independent. No one requested a public hearing. <br />h) Three hundred feet of an occupied dwelling, unless a written waiver from the owner has <br />been provided (2.07.6(2)(d)(v)). <br />With the original permit application, there was one occupied dwelling within 300 feet, <br />measured horizontally, of the surface operations or facilities. The dwelling was owned by <br />Hidden Valley Ranch and Cattle Company, Inc. A written waiver is included in Volume <br />III, Exhibit 14, from the dwelling owner, which states that the owner had the legal right <br />to deny mining, and the dwelling owner knowingly waived that right. <br />For Permit Revision No. 3, some of the proposed operations were within 300 feet of <br />several buildings that had been owned by the Hidden Valley Ranch and Cattle Company. <br />However, under an Option to Purchase, BRL negotiated a Special Power of Attorney that <br />assigned all rights to BRL for the property in question. This documentation is found in <br />Tab 1 of Volume [II of the permit application. <br />Concerning Permit Revision No. 6, seveml occupied buildings were within 300 feet of <br />the proposed operations. [n several cases, BRL purchased the properties and demolished <br />the buildings. [n another case, BRL built a replacement home for one citizen whose <br />original home was within 300 feet of the disturbance. BRL, then, received aright-of- <br />entry ageement with the same landowner for access onto the property. BRL also <br />received aright-of--entry agreement with another citizen for property access. The deeds of <br />purchase and right-of--entry agreements are located in Exhibit l of Volume Ill of the <br />permit application. <br />5. The Division finds that all necessary notices and approvals have been received, in order to allow <br />the permittee to adversely affect a public park or place listed on or eligible for listing in the <br />National Register of Historic Places as determined by the State Historic Preservation Office. The <br />places which may be affected are structures in and around the old Bowie town site. Approval to <br />affect the structures has been received from the Division and the State Historic Preservation <br />Officer. Specific surveys, inventories and approval letters are contained in Volume VI of the <br />Bowie No. 2 Mine permit application document. <br />6. For this mining operation, private mineral estate has not been severed from private surface estate; <br />therefore, the documentation specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)). <br />21 <br />