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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 />(2.07.6(2)(d)(iii)(A)); <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 cemetery (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 />5. On the basis of information submitted by Sun Coal Company in the form of <br />a December 8, 1980 letter from the Colorado Historical Society, and since <br />the permit is for reclamation only, 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 />6. For this surface mining operation, private mineral estate has been <br />severed from private surface estate; therefore, the documentation <br />specified by Rule 2.03.6(2) has been provided in the form of an Amended <br />and Restated Coal Mining Lease (see page 34 of the approved permit <br />application package) (2.07.6(2)(f)). <br />7. 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 <br />Reclamation Act, the Division finds that Sun Coal Company does not own of <br />control any operations which are currently in violation of any law, rule, <br />or regulation of the United States, or any State law, rule, or <br />regulation, or any provision of the Surface Mining Control and <br />Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br />(2.07.6(2)(g)(i)). This finding is based on compliance with the <br />following stipulation: <br />-8- <br />