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The Colorado Department of Highways approves the location of the West Elk <br /> Mine within 100 feet of the outside right-of-way. <br /> On August 6, 1981, the Division granted a variance from the road distance <br /> requirement of Rule 2.07.6(2)(d)(iv). <br /> The Division's notice of proposed decision approving the variance was published <br /> June 29, 1981, and no comments were received during the ten-day public comment <br /> period, which expired on July 8, 1981. <br /> Approval was also obtained from CDOT for development of the Refuse Pile <br /> Expansion. <br /> h) Three hundred feet of an occupied dwelling unless a written waiver from the <br /> owner has been provided (2.07.6(2)(d)(v)). <br /> 5. On the basis of information submitted by Mountain Coal Company in the form of <br /> Exhibit 11, and confirmation letter from the State Historical Preservation Office dated <br /> March 18, 1998. the Division finds that subject to valid existing rights as of August 3, <br /> 1977, the mining operation will not adversely affect any publicly owned park or place <br /> listed on or eligible for listing in the National Register of Historic Places as determined <br /> by the State Historic Preservation Office (2.07.6(2)(e)(i)). <br /> 6. For this surface mining operation, private mineral estate has not been severed from <br /> private surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not <br /> required (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 34-33-114(3) compliance review required by <br /> the Colorado Surface Coal Mining Reclamation Act, the Division finds that Mountain <br /> Coal Company does not own or control any operations which are currently in violation <br /> of any law, rule, or regulation of the United States, or any State law, rule, or <br /> regulation, or any provision of the Surface Mining Control and Reclamation Act or the <br /> Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). MCC's compliance <br /> review information was verified through the use of the Applicant Violator System. <br /> 8. Mountain Coal Company does not control and has not controlled mining operations <br /> with a demonstrated pattern of willful violations of the Act of such nature, duration, <br /> and with such resulting irreparable damage to the environment as to indicate an intent <br /> not to comply with the provisions of the Act (2.07.6(2)(h)). <br /> 9. The Division finds that surface coal mining and reclamation operations to be performed <br /> under this permit will not be inconsistent with other such operations anticipated to be <br /> performed in areas adjacent to the permit area (2.07.6(2)(i)). <br /> 22 <br />