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System, the Wild and Scenic Rivers System, including rivers under study for <br />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 <br />institutional 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 <br />has 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 <br />where mine access or haul roads join such line and excepting any roads for which <br />the necessary approvals have been received, notices published, public heazing <br />opportunities provided and written findings made (2.07.6(2)(d)(iv)). <br />At the time of the initial permit application, a portion of the surface facilities was <br />located within 100 feet of the outside right-of-way of old State Highway 133. The <br />location of these facilities extended from the old Bowie townsite to about 500 feet <br />east of the old Bowie power plant. <br />The Division published a newspaper notice in the Delta County Independent, <br />which specifically advised the public of this situation and which invited any <br />interested party to request a public hearing. No such requests were received. The <br />publication occurred on August 7, 1996, and the proof of publication was received <br />by the Division on August 12, 1996. Additionally, on July 26, 1996 the Division <br />received a letter dated July 8, 1996 written from the Colorado Department of <br />Transportation to Bowie Resources, Limited specifically allowing such activities <br />within 100 feet of the highway. This letter is contained in Volume 1 1 1, Exhibit 14 <br />of the Bowie No. 2 Mine permit application document. <br />The proof of publication and the Department of Transportation letter aze <br />contained within the Division's correspondence files for the Bowie No. 2 Mine <br />permit application. Volume III, Exhibit 13 of the permit application also contains <br />a copy of the Colorado Department of Transportation State Highway Access <br />Permit granted for the Bowie No. 2 Mine; <br />Through Permit Revision No. 3, BRL obtained approval to construct certain <br />facilities within 100 feet of the right-of-way of old State Highway 133. The <br />facilities included [he coal stockpile, coal haul truck loading system and the <br />relocated pond B. <br />A public notice was published in the Delta County Independent informing the <br />public of their right to request an informal conference concerning this situation. <br />No requests were received that specifically requested an informal conference to <br />19 <br /> <br />