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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 <br />Wild and Scenic Rivers System including rivers under study for designation, <br />and National 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 boundazies of any National Forest (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 <br />necessary approvals have been received, notices published, public hearing <br />opportunities provided, and written findings made (2.07.6(2)(d)(iv)). The <br />operation is within 100 feet of County Road 53 but the Division had found that <br />the operator had valid existing rights prior to August 3, 1977, as evidenced by <br />the coal sales contract signed on July 25, 1977. H-G Coal had satisfied all of <br />the concerns regarding public review and comment, and received a special use <br />permit from Routt County on September 27, 1977. <br />h) Three hundred feet of an occupied dwelling. (2.07.6(2)(d)(v)). <br />Based on information found in Section 2.04.4 of Volume 1 and in Appendix C of Volume 3 <br />of the permit application, the Division has found that subject to valid existing rights as of <br />August 3, 1977, the mining operation will not adversely affect any publicly owned park <br />or place listed on or eligible for listing in the National Register of Historic Places as <br />determined by the State Historic Preservation Office (2.07.6(2)(e)(i)). Achipping site <br />and a trash dump site had been identified in areas that were more than 300 feet from <br />active pit mining and in areas that would not be disturbed during the life of the mine. The <br />two sites were not listed or were not eligible for listing, as determined by the State <br />Historic Preservation Office. <br />6. For this surface mining operation private mineral estate has been severed from private <br />surface estate. However, the surface owner is the mining company. The operator has <br />supplied the documentation specified by 2.03.6(2) <br />7. On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34-33-114(3) compliance review required by the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that the Hayden <br />Gulch Coal Company does not own or control any operations which aze currently in <br />