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c) the boundaries of the National Park System, the National Wildlife Refuge System, the National <br />System ofTrails, the National Wilderness Preservation System, the Wild and Scenic Rivers System <br />including rivers under study for designation, and National Recreation Areas [2.07.6(2)(d)(iii)(A)]. <br />d) three hundred feet of any public building, school, church, community or institutional building, or <br />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 outsideright-of--way line of anypublic 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 <br />[2.07.6(2)(d)(iv)]. Gazfield County Road 335 was to be upgraded and used as a haul road. Public <br />hearings regarding use of this road for coal haulage were held in conjunction with the review of <br />NCIG's application for Permit Revision No. 1 in 1990. At that time, the Division found in writing <br />and the Boazd approved the inclusion of the road in the permit azea. The present north boundary of <br />the permit area is contiguous to the south right-of--way boundary of Gazfield County Road 335. <br />However, these contiguous areas are unaffected (no surface disturbance or disturbance from <br />underground mining activities). <br />h) three hundred feet of an occupied dwelling [2.07.6(2)(d)(v)]. <br />S. On the basis of information submitted by Nickens & Associates in the form of a study, Storm King <br />Mines Cultural Resource Survey (9183), and concurrence from the Colorado Historical Preservation <br />Officer in a letter dated October 15,1996, the Division finds that subject to valid existing rights as of <br />August 3, 1977, the mining operation will not adversely affect any publicly owned pazk 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 />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 bythe Colorado Surface <br />Coal Mining Reclamation Act, NCIG, Inc. does not own or control any operations which are <br />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 Coai Mining Reclamation Act [2.07.6(2)(g)(i)]. An Applicant Violator System (AVS) <br />Compliance Check was initiated on Apri127, 2006 (1st Check) and on May 31, 2006. No violations <br />are active, and the Division recommendation is issue. A final query will be made prior to issuance of <br />the new permit. <br />8. CB Minerals, Company, LLC., does not control and has not controlled mining operations with a <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting <br />irrepazable damage to the environment as to indicate an intent not to comply with the provisions of <br />15 June 1, 2006 <br />