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b) An area under study for designation as unsuitable for surface coal mining operations (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 institutional building, or public park (2.07.6(2)(d)(iii)(B)); e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); f) The boundazies of any National Forest (2.07.6(2)(d)(iii)(D)); g) One hundred feet of the outside right-of--way line of any public road except where the mine access or haul roads join such line, and excepting any roads for which the necessary approvals have been received, notices published, public heazing opportunities provided, and written findings made (2.07.6(2)(d)(iv)); The hauUaccess road for the loadout joins State Highway 133. h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been provided (2.07.6(2)(d)(v)). Exhibit 12 of the permit application contains a letter from a resident south of the loadout consenting to operations within 300 feet of his dwelling. 5. On the basis of information submitted by Terror Creek Company in the form of a letter from the State Historic Preservation Officer with the Colorado Historical Society, 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 the National Register of Historic Places (2.07.6(2)(e)(i)). 6. For this operation, private mineral estate has not been 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 Terror Creek Company does not own or control any operations which aze 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)). 9