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(a) An azea designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)); (b) An area under study for designation as unsuitable for surface coal mining opera- tions (2.07.6(2)(d)(ii)); (c) The boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including rivers under study for designation, and National Recreation Areas (2.07.6(2)(d)(iii)(A)); (d) Three hundred feet of any public building, school, church, community or institu- tional building, or public pazk (2.07.6(2)(d)(iii)(B)); (e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); (f) The boundaries of any National Forest unless the required fording of compatibility has been made by the Secretary of the U.S. Department of Agriculture (2.07.6(2)(d)(iii)(D)); (g) One hundred feet of the outside right-of--way line of any public road except where mine access or haul roads join such line, and excepting any roads for which the necessary approvals have been received, notices published, public hearing opportunities provided, and written fmdings made (2.07.6(2)(d)(iv)); (h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been provided (2.07.6(2)(d)(v)). 5. On the basis of information submitted by the State Historic Preservation Office (sce Appendix D of the application), the Division fmds that subject to valid, existing rights as of August 3, 1977, the mining operation will not adversely affect any publicly owned pazk or place listed on or eligible for listing in the National Register of Historic Places as determined by the State Historic Preservation Office (2.07.6(2)(e)(i)). 6. For this surface mining operation, private mineral estate has not bcen severed from private surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)). 7. On the basis of evidence submitted by the applicant and received from other state and federal agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal Mining Reclamation Act, the Division fmds that Eastside Coal does not own or control any operations which are currently in violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). The Applicant Violator System (AVS) was queried on October 13, 1994, January 19, 1995, and May 9, 1995 for Eastside Coal Company. The AVS recommendation was "Issue." 6