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<br />c) The boundaries of the National Park System, the National Wildlife <br />Refuge System, the National System of Trails, the National <br />Wilderness Preservation System, the Wild and Scenic Rivers System <br />including rivers under study for designation, and National <br />Recreation Areas (2.07.6(2)(d>(iii)(A)>; <br />d) Three hundred feet of any public building, school, church, <br />community or institutional building, or public park <br />e> One hundred feet of a cemetary (2.01.6(2)(d>(iii)(C)>; <br />f) The boundaries of any National Forest. (2.07.6(2>(d)(iii)(D)); <br />g) One hundred feet of the outside right-of-way line of any public <br />road except where mine access or haul roads join such line, and <br />excepting any roads for which the necessary approvals have been <br />received, notices published, public hearing opportunities provided, <br />and written findings made (2.07.6(2)(d)(iv)); <br />h) Three hundred feet of an occupied dwelling unless a written waiver <br />from the owner has been provided (2.07.6(2>(d)(v)). <br />5. On the basis of information submitted by Lillylands, Inc. in the form of <br />the permit application, letters from the Colorado Historicai Society and <br />a cultural resources study, the Division finds the mining operation will <br />not adversely affect any publicly owned park or place listed on or <br />eligible for listing in the National Register of Historic Places as <br />determined by the State Historic Preservation Office. (2.07.6(2)(e)(i>). <br />6. For this surface mining operation private mineral estate has been severed <br />from private surface estate, therefore the documentation specified by <br />Rule 2.03.6(2) has been provided in the form of letters from the surface <br />rights owners and leases from coal owners. (2.07.6(2>(f) <br />7. On the basis of evidence submitted by the applicant and received from <br />other State and Federal agencies as a result of the Section 34-33-114(3) <br />compliance review required by the Colorado Surface Coal Mininq <br />Reclamation Act, the Division finds that Lillylands, Inc. does not own or <br />Control any operations which are currently in violation of any law, rule, <br />or regulation of the United States, or any State law, rule, or <br />regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. <br />(2.07.6(2)(g)(i)). <br />8. Lillylands, Inc. does not control and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act <br />of Such nature, duration, and with such resulting irreparable damage to <br />the envirC~ment as to indicate an intent not to comply with the <br />provisions of the Act. (2.07.6(2)(h)). <br />-13- <br />