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<br />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, 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 unless the required finding of compatibility has <br />been made by the Secretary of the U.S. Department of Agriculture <br />(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)); <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has <br />been provided to the Division. (2.07.6(2)(d)(v)) <br />On the basis of information submitted by Lorencito Coal Company, in the form of cultural <br />resource surveys, the Division finds that subject to valid existing rights as of August 3, <br />1977, the mining operation will not adversely affect sites eligible, or potentially eligible, <br />for listing in the National Register of Historic Places as determined by the State Historic <br />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)(f)) <br />7. On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-1 14(3) compliance review required by the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that Lorencito Coal <br />Company, LLC does not own or control any operations which are currently in violation of <br />any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any <br />provision of the Surface Mining Control and Reclamation Act or the Colorado Surface <br />Coal Mining Reclamation Act. (2.07.6(2)(g)(I)) <br />8. Lorencito Coal Company, LLC 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 <br />li <br />