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• discuss the right-of-way issue, although hvo informal conferences were held, on <br />August 5, 1999 and September 13, 1999. to discuss all of the issues contacted in <br />Permit Revision No. 3. Additionally, BRL submitted a letter fiom the Colorado <br />Department of Transportation (COOT), dated January 12, 1999, in which <br />permission was granted for construction of the proposed facilities within 100 fee[ <br />of the right-of-way of old State Highway 133. A copy of the letter is in Tab 14 of <br />Volume III of the Bowie No. 2 Mine permit application. Tab 13 of Volume III <br />contains the two new state highway access permits, numbered 399058 and <br />399059, required by COOT for the operations proposed in Permit Revision No. 3. <br />h) Three hundred feet of an occupied dwelling, unless a written waiver from the <br />owner has been provided (2.07.6(2)(d)(v)). <br />With the original permit application, there was one occupied dwelling within 300 <br />feet, measured horizontally, of the surface operations or facilities. The dwelling <br />was owned by Hidden Valley Ranch and Cattle Company, Inc. A written waiver <br />is included in Volume III, Exhibit 14, from the dwelling owner, which states that <br />the owner had the legal right to deny Honing, and the dwelling owner knowingly <br />waived that right. <br />For Permit Revision No. 3, some of the proposed operations were within 300 feet <br />of several buildings that had been owned by the Hidden Valley Ranch and Cattle <br />• Company. However, under an Option to Purchase, BRL negotiated a Special <br />Power of Attorney that assigned all rights to BRL for the property in question. <br />This documentation is found in Tab 1 of Volume III of the permit application. <br />5. The Division finds that all necessary notices and approvals have been received, in order <br />to allow the permittee to adversely affect a public park or place listed on or eligible for <br />listing in the National Register of Historic Places as determined by the State Historic <br />Preservation Office. The places which may be affected aze structures in and around the <br />old Bowie townsite. Approval to affect the structures has been received from the Division <br />and the State Historic Preservation Officer. Specific surveys, inventories and approval <br />letters are contained in Volume VI of the Bowie No. 2 Mine permit application <br />document. <br />6. For this mining operation, private mineral estate has not been severed from private <br />surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not required <br />(2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-1 14(3) compliance review required by <br />the Colorado Surface Coal Mining Reclamation Act, [he Division finds that Bowie <br />Resources Limited does not own or control any operations which are currently in <br />violation of any law, rule, or regulation of the United States, or any State law, rule or <br />regulation, or 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)). However, [he <br />20 <br />