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The permit azea for the Bear No. 3 Mine is located within 300 feet of several occupied dwellings in Somerset, Colorado. Affected residents have signed waivers providing their consent to the mining operations (Exhibit 3, Bear No. 3 permit revision application) (2.07.6(2)(d)(v)). 5. The Division finds that, subject to valid, existing rights as of August 3, 1977, the mining operation will not adversely affect any publicly owned park or place listed on or eligible for listing in the National Register of Historic Places as determined by the State Historic Preservation Office. Specifically, fragile and historic lands have not been identified in the current mining area. The mining and reclamation operations will not result in significant damage to important historic, cultural or scientific resources in the permit area based on the surveys and information contained in the permit application package, and information provided by [he Stale Historic Preservation Officer. 6. Bear Coal Company has obtained the right to enter all parts of the permit area from the appropriate parties, including Atlantic Richfield Company (ARCO), Anchor Coal Company, Oxbow Carbon and Minerals, and Larry and Elaine Mautz. Surface ownership has been partially severed from the coal ownership at the Bear Mine. The Bear Mine is an underground operation and is not required to obtain the documentation required under 2.03.6(2). Coal within the permit is federally and privately owned. Federal coal leases C-0117192, COC57632, COC57633, D-052501 and D-044569 lie within the Bear permit boundary. Bear Coal contracted with Atlantic Richfield Company to remove coal from parts of leases C-0117192 and D-044569 and an ARCO fee coal area in the SE/4 SE/4 of Section 18. Bear Coal contracted with Anchor Coal Company to remove coal from federal lease D-052501. 7. On the basis of evidence submitted by the applicant and received from other state and federal agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that Bear Coal Company does not own or control any operations which are currently in violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(q). 8. Bear Coal Company does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act (2.07.6(2)(h)). 9. The Division finds that surface coal mining and reclamation operations to be performed under this permit will not be inconsistent with other such operations anticipated to be performed in areas adjacent to the permit area (2.07.6(2)(I)). 15