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c> The boundaries of the National Park System, the National Wildlife <br />Refuge System, the National System of Trails, the National <br />Wilderness Preservation System, the Wild and Scenic Rivers System <br />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, <br />community or institutional building, or public park <br />e) One hundred feet of a cemetary (2.07.6(2)(d>(iii)(C)); <br />f) The boundaries of any National Forest unless the required finding <br />of compatibility has been made by the Secretary of the U.S. <br />Department of Agriculture. (SPECIALIST REFERENCE CONCURRENCE LETTER <br />FROM U.S.F.S. IF APPROPRIATE.) (2.07.6(2)(d)(iii)(D)); <br />g> One hundred feet of the outside right-of-way line of any public <br />road except where mine access or haul roads join such line <br />(2.07.6(2)(d>(iv)). The necessary approvals have been received, <br />notices published, and public hearing opportunities provided for <br />the relocation of Jackson County Road 29. Documentation of BLM and <br />county approvals may be found in Exhibit 56. Map 28 A identifies <br />the location of right-of-ways. <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 />On the basis of information submitted by Kerr Caol Company in the form of <br />three Kerr Coal Company surveys (found in Exhibit 45 and located on Map <br />4A and one BLM cultural resource inventory of North Park, the Division <br />finds that subject to valid existing rights as of August 3, 1977, the <br />mining operation will not adversely affect any publicly owned park or <br />place listed on the National Register of Historic Places <br />(2.07.6(2)(e)(i)). <br />For this surface mining operation, private mineral estate has not been <br />severed from private surface estate, therefore, the documentation <br />specified by Rule 2.03.6(2) is not required [2.07.6(2)(f)]. <br />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 the Marr Mine does not own or <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)). <br />