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c) the bouhdaries of the National Park System, the National Wildlife Refuge System, the <br />National System of Trails, the National Wilderness Preservation System, the Wild and <br />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 mine <br />access or haul roads join such line, and excepting any roads for which the necessary <br />approvals have been received, notices published, public hearing opportunities provided, <br />and written findings made [2.07.6(2)(d)(iv)]. County Road 237 crosses the permit area, <br />but affected areas (less an access road) are more than 100 feet from the road. Proposed <br />reclamation activity will have no impact on the road or its use. The permit was first <br />issued on January 14, 1985 (Findings of Compliance published on December 14, 1984), <br />renewed in 1990 (Findings of Compliance published on February 1, 1990, and again in <br />1995 (Findings of Compliance published on May 31, 1995). Necessary approvals were <br />obtained, notices published, and hearing opportunities provided for the initial issuance <br />and renewals of the Permit. <br />h) three hundred feet of an occupied dwelling [2.07.6(2)(d)(v)]. <br />5. On the basis of information submitted by the Eastside Coal Company, Inc., in the form of a <br />letter from the Colorado State Historic Preservation Office dated July 26, 1999, the Division <br />finds that subject to 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 for listing in the <br />National Register of Historic Places as determined by the State Historic Preservation Office <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 />On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-14(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that the Eastside Coal Company, <br />Inc. does not own or control ariy operations which are currently in violation of any law, rule, <br />or regulation of the United States, or any State law, rule, or regulation, or any provision of the <br />Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining <br />Reclamation Act [2.07.6(2)(g}(i)]. <br />8. The Eastside Coal Company, Inc. 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 <br />03/06/00 <br />