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d) Three hundred feet of any public building, school, church, community or institutional building, or <br />public park (2.07.6(2)(d)(iii)(e)); <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 made <br />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 join 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; the <br />permit area of the Bowie No. 1 Mine is within 300 feet of three public roads -Highway 133, <br />Steven's Gulch Road and a BLM access road to East Roatcap Creek. Public notices, which <br />provided opportunities for public hearings, were published weekly for these roads on March 19, <br />1981 through April 9, 198], March ]Q, ]992 and February 6, ]99] respectively. Written <br />approval for use and undermining of Steven's Gulch Road was obtained from the U.S. Forest <br />Service as well as written approval from BLM for use of the East Roatcap Creek public access <br />road (2.07.6(2)(d)(iv)). The highway temporary coal stockpile area and the coal loadout azea are <br />subject to valid existing rights; <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 BRL in the form of several cultural resource site surveys, <br />letter from the Bureau of Land Management and with a letter dated October 3l, 1997 from the <br />Colorado State Historic Preservation Office, the Division finds that subject to valid existing rights as <br />of August 3, 1977, the mining operation will not adversely affect any publicly owned park or place <br />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)). <br />6. For this surface mining operation, private mineral estate has not been severed from private surface <br />estate, therefore, the documentation specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)). <br />On the basis of evidence submitted by the applicant and received from other state and federal agencies <br />as a result of the Section 34-33-I 14(3) compliance review required by the Colorado Surface Coal <br />Mining Reclamation Act, the Division finds that BRL does not own or control any operations which <br />are currently in 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 Colorado <br />Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i). However, the information supplied by BRL <br />does show that there have been violations from other companies within the corporate network of the <br />parent corporations of BRL that have not been completely resolved. The most recent Applicant <br />Violator System (AVS) check occurred on April 6, 2004, and the AVS recommendation was "Issue." <br />Therefore, Stipulation No. 54 terminated for Permit Renewal No. 4. <br />8. BRL, both the applicant and the operator, does not control and has not controlled mining operations <br />with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such <br />resulting irrepazable damage to the environment as to indicate an intent not to comply with the <br />provisions of the Act (2.07.6(2)(h)). <br />19 <br />