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c) The boundaries of the National Park System, the National Wildlife Refuge System, the <br />National System of Trails, the National Wilderness Preservation System, the Wild and Scenic <br />Rivers System including rivers under study for designation, and National Recreation Areas <br />(2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or institutional building, <br />or public pazk (2.07.6(2)(d)(iii)(B)); <br />e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); <br />f) The boundaries of any National Forest unless the required fmding of compatibility has been <br />made by the Secretary of the U.S. Department of Agriculture (2.07.6(2)(d)(iii)(D)); <br />g) One hundred feet of the outside right-of--way line of any public road except where mine access <br />or haul roads join such line, and excepting any roads for which the necessary approvals have <br />been received, notices published, public hearing opportunities provided, and written findings <br />made (2.07.6(2)(d)(iv)); <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been <br />provided (2.07.6(2)(d)(v)). <br />5. On the basis of information submitted by the permittee, in the form of cultural resource survey <br />documentation in Appendix J and commitments in Section 4.1.3 of the PAP, as well as assessments <br />made by OSM in their January, 1993, Mining Plan Decision Document, and letters of November 7, <br />1996 and Febmary 5, 2001 from the State Historic Preservation Officer (SHPO), the Division fmds <br />that, subject to valid existing rights as of August 3, 1977, the mining operation will not adversely <br />affect any 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 (SHPO) (2.07.6(2)(e)(i)). <br />The SHPO has noted that one known archaeology site potentially eligible for listing had been <br />identified on the permit area (SGF741), but the site would not be affected by the approved mining <br />plan. The SHPO included a reminder in their letters that if previously unidentified archaeological <br />resources are discovered, work would need to be interrupted until the resources aze evaluated <br />pursuant to the eligibility criteria of 36 CFR 60.4. A commitment to this effect is included in the <br />permit application package. <br />6. Because this is and underground operation which does not involve the surface mining of coal, the <br />documentation specified by Rule 2.03.6(2) is not requved (2.07.6(2)(f)). <br />On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface <br />Coal Mining Reclamation Act, and based on compliance checks made via the Applicant Violator <br />System (AVS) the Division finds that Central Appalachia Mining, LLC (CAM) does not own or <br />control any operations which aze currently in violation of any law, mle, or regulation of the United <br />States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado SurFace Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />8. Central Appalachia Mining, LLC does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting <br />irreparable damage to the environment as to indicate an intent not to comply with the provisions of <br />the Act (2.07.6(2)(h)). <br />10 <br />