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The Division finds that the permit area is, subject to valid rights <br />existing as of August 3, 1977, not within: <br />a) An area designated unsuitable for surface coal mining operations <br />b) An area under study for designation as unsuitable for surface coal <br />mining operations (2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife <br />Refuge System, the National System of Trails, the National Wilderness <br />Preservation System, the Wild and Scenic Rivers System including <br />rivers under study for designation, and National Recreation Areas <br />d) Three hundred feet of any public building, school, church, community <br />or institutional building, or public park (2.07.6(2)(d)(iii)(B)>; <br />e) One hundred feet of a cemetary (2.07.6(2)<d)(iii)(C>); <br />f) The boundaries of any National Forest unless the required finding of <br />compatibility has been made by the Secretary of the U.S. Department <br />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 <br />except where mine access or haul roads join such line, and excepting <br />any roads for which the necessary approvals have been received, <br />notices published, public hearing opportunities provided, and written <br />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 />On the basis of information submitted by Coors Energy Company in the form <br />of letter in Appendix E of the permit, the Division finds that subject to <br />valid existing rights as of August 3, 1977, the mining operation will not <br />adversely affect any publicly owned park or place listed on or eligible <br />for listing in the National Register of Historic Places as determined by <br />the State Historic Preservation Office. (2.07.6(2>(e)(i>). <br />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 legal documents. See <br />Section 2.03.6 of the permit.(2.07.6(2)(f)). <br />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 Mining Reclamation <br />Act, the Division finds that Coors Energy Company does not own or control <br />any operations which are currently in violation of any law, rule, or <br />regulation of the United States, or any State law, rule, or regulation, or <br />any provision of the Surface Mining Control and Reclamation Act or the <br />Colorado Surface Coal Mining Reclamation Act. <2.07.6<2)(g)(i>). <br />