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<br />~~ <br />4. The Division finds that the permit area is, subject to valid rights existing as of August <br />3, 1977, not within: <br />a) a) An area designated unsuitable for surface coal mining operations <br />(2.07.6(2)(d)(i)); <br />b) An area under study for designation as unsuitable for surface coal mining <br />operations (2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife Refuge <br />System, the National System of Trails, the National Wilderness Preservation <br />System, the Wild and Scenic Rivers System including rivers under study for <br />designation, and National Recreation Areas (2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or <br />institutional building, or public park (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 <br />has been made by the Secretary of the U.S. Department of Agriculture. <br />(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 <br />mine access or haul roads join such line, and excepting any roads for which the <br />necessary approvals have been received, notices published, public hearing <br />opportunities provided, and written findings made (2.07.6(2)(d)(iv)); <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 />On the basis of information submitted by Rimrock Coal Company in the form of a <br />database search by the Colorado Historical Society Office of Archaeology and <br />Historic Preservation the Division finds that subject to valid existing rights as of <br />August 3, 1977, the mining operation will not adversely affect any publicly owned <br />park or place listed on or eligible for listing in the National Register of Historic Places <br />(2.07.6(2)(e)(i)). <br />For this surface mining operation, private mineral estate has not been severed from <br />private surface estate, therefore, the documentation specified by Rule 2.03.6(2) is <br />not required (2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from other state <br />and federal agencies as a result of the Section 34-33-114(3) compliance review <br />required by the Colorado Surface Coal Mining Reclamation Act, the Division finds <br />that Rimrock Coal Company does not own or control any operations which are <br />io <br />