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Preservation System, the Wild and Scenic Rivers System, including rivers <br />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 or <br />institutional building, or public pazk (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. Departrnent of <br />Agriculture (2.07.6(2)(d)(iii)(D)); <br />g) One hundred feet of the outside right-of--way line of any public road except <br />where mine access or haul roads join such line, and excepting any roads <br />for which the necessary approvals have been received, notices published, <br />public hearing opportunities provided, and written findings made <br />(2.07.6(2)(d)(iv)). <br />Colorado State Highway 13 bisects the permit azea. The mine permit area <br />existed prior to August 2, 1977. Further discussion of development <br />mining under State Highway 13 can be found in Section B.I. County roads <br />107 and Coal Mine Road lie within the permit area and are used for the <br />mine operation. A Moffat County resolution dated July 31, 1981 vacated <br />these two roads to Empire Energy. <br />h) Three hundred feet of an occupied dwelling unless a written waiver from <br />the owner has been provided (2.07.6(2)(d)(v)). <br />Two private dwellings exist within the permit azea. One is in T6N, R91 W, <br />NEl/4 SEI/4 Section 30. The other is in T6N, R91 W, SEl/4 NE1/4 <br />Section 29. RAG Empire Corporation has committed to monitoring these <br />two structures for subsidence at such a time that mining operations <br />approach these structures. No mining will occur neaz these structures <br />during the next five-yeaz permit term. <br />5. On the basis of information submitted by RAG Empire Corporation in the form of a letter <br />from the State Historic Preservation Office of the Colorado Historical Society (January 7, <br />1982), the Division fmds that, subject to valid, existing rights as of August 3, 1977, the <br />mining operation will not adversely affect any publicly owned park or place listed on or <br />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)). No new surface disturbance is proposed for <br />the next five-year permit term; therefore, the letter from the State Historic Preservation <br />Office is still valid. Additionally, RAG Empire Corporation has committed to contact <br />either the Regional Director or the District Supervisor of the Bureau of Land Management <br />if any azchaeological or cultural resources aze discovered during RAG Empire's mining <br />activities. <br />13 <br />