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b) An area under study for designation as unsuitable for surface coal mining operations <br /> (2.07.6(2)(d)(ii)); <br /> c) The boundaries of the National Park System, the National Wildlife Refuge System, <br /> the National System of Trails, the National Wilderness Preservation System, the Wild <br /> and Scenic Rivers System including rivers under study for designation, and National <br /> Recreation Areas (2.07.6(2)(d)(iii)(A)); <br /> d) Three hundred feet of any public building, school, church, community or institutional <br /> 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. (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. <br /> The western portion of the proposed Yoast permit is within one hundred feet of the <br /> right-of-way of Routt County Road 37. Notice of opportunity for a public hearing <br /> regarding mining near this road was published by the Division in the Steamboat Pilot <br /> June 8, 1995. Because there was no response to the notice, no hearing was held <br /> (2.07.6(2)(d)(iv))• <br /> h) Three hundred feet of an occupied dwelling unless a written waiver from the owner <br /> has been provided. The western portion of the proposed Yoast permit area is within <br /> 300 feet of an occupied dwelling in Section 19. A written waiver signed by the <br /> owner of that dwelling is included in Appendix 22-2 of the permit application <br /> package (2.07.6(2)(d)(v)). <br /> 5. On the basis of information submitted by Seneca Coal Company in the form of a letter of <br /> approval from the State Historic Preservation Office, the Division finds that subject to valid <br /> existing rights as of August 3, 1977, the mining operation will not adversely affect any <br /> publicly owned park or place listed on or eligible for listing in the National Register of <br /> Historic Places as determined by the State 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 <br /> surface estate, therefore, the documentation specified by Rule 2.03.6(2) is not required. <br /> (2.07.6(2)(0). <br /> 7. On the basis of evidence submitted by the applicant and received from other state and federal <br /> agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado <br /> Surface Coal Mining Reclamation Act, the Division finds that Seneca Coal Company owns <br /> Yo=Mine 18 October 19, 1999 <br />