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b) An azea under study for designation as unsuitable for surface coal mining operations <br />(2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Pazk System, the National Wildlife Refuge System, the National <br />System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers <br />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 finding 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 or <br />haul roads j oin such line, and excepting any roads for which the necessary approvals have been <br />received, notices published, public hearing opportunities provided, and written findings made <br />(2.07.6(2)(d)(iv)). <br />The portion of the operation that lies within 100 feet of the I-70 Highway was in existence prior <br />to August 3, 1977 and complies with Rule 2.07.6(2)(d). <br />BLM has approved of operations within 100 feet of the portion of Haul Road 4 which is a public <br />road providing access to BLM lands in Coal Canyon, and public notice ofproposed operations <br />within 100 feet of the road was included in the public notice for PR-02. <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 Colorado Historical Society, the Antiquities Reseazch <br />Division Historical Museum and Institute, and the Grand River Institute, a check of the National Historic <br />Register for Cultural and Historic Sites, Antiquities Inventory, Cultural Resources Inventory Reports, and <br />consultation with the Bureau of Land Management, the Division finds that, subject to valid existing <br />rights as of August 3,1977, the mining operation will not adversely affect any publicly owned park or <br />place listed on or eligible for listing in the National Register of Historic Places as determined by the State <br />Historic Preservation Office (2.07.6(2)(e)(i)). Information regazding Cultural and Historic Resources <br />maybe found in Tab 5 of the permit application. Most recently, a letter of June 27, 2002, from the State <br />Historic Preservation Officer confumed that no effects to any sites listed or eligible for listing would <br />occur as a result of operations proposed in RN-04. <br />6. For this underground mining operation, private mineral estate has been severed from private surface <br />estate. Because underground mining activities do not concurrently involve the surface mining of coal, the <br />documentation specified by Rule 2.03.6(2) is no[ required (2.07.6(2)(£)). <br />On the basis of evidence submitted by the permittee and received from other state and federal agencies as <br />a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal Mining <br />19 <br />