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4. The Division finds that the permit area is, subject to valid rights existing as of August 3, 1977, not within: a) An area designated unsuitable for surface coal mining operations 2.07.6(2)(d)(i)); b) An area under study for designation as unsuitable for surface coal mining operations (2.07.6(2)(d)(ii)); c) The boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System including rivers under study for designation, and National Recreation Areas (2.07.6(2)(d)(iii)(A)); d) Three hundred feet of any public building, school, church, community or institutional building, or public park (2.07.6(2)(d)(iii)(e)); e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); f) The boundaries of any National Forest; g) One hundred feet of the outside right-of-way line of any public road except where the mine access or haul road joins Colorado Highway 40 (2.07.6(2)(d)(iv)); h) Three hundred feet of an occupied dwelling (2.07.6(2)(d)(v)). 5. On the basis of information submitted by Sun Coal Company, the Division finds that the mining operation will not adversely affect any publicly owned park or place listed on the National Register of Historic Places (2.07.6(2)(e)(i)). 6. For this surface mining operation private mineral estate has been severed from private surface estate, therefore the documentation specified by Rule 2.03.6(2) has been provided in the form of Amended and Restated Coal Mining Lease (see page 34 of permit application)(2.07.6(2)(f)). 7. On the basis of evidence submitted by the applicant and received from other state and federal agencies as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal Mining Reclamation Act, the Division finds that Sun Coal Company does not own or control any operations which are currently in violation of any law, rule, or regulation of the United States, or any State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or the Colorado Surface Coal Mining Reclamation Act. (2.07.6(2)(g)(i)1. 8. Sun Coal Company does not control and has not controlled mining operations with a demonstrated pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of the Act. (2.07.6(2)(h)).