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a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)); <br />b) An azea 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 Pazk 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. (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; the permit area of the Bowie No. 1 Mine is within 300 feet of <br />three public roads -Highway 133, Steven's Gulch Road and a BLM access road to East <br />Roatcap Creek. Public notices, which provided opportunities for public hearings, were <br />published weekly for these roads on March 19, 1981 through Apri19, 1981, Mazch 10, <br />1992 and February 6, 1991 respectively. Written approval for use and undermining of <br />Steven's Gulch Road was obtained from the U.S. Forest Service as well as written <br />approval from BLM for use of the East Roatcap Creek public access road <br />(2.07.6(2)(d)(iv)). The highway temporary coal stockpile area and the coal loadout area <br />are subject to valid existing rights; <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has <br />been provided (2.07.6(2)(d)(v)). <br />On the basis of information submitted by BRL in the form of several cultural resource site <br />surveys, a letter from the Bureau of Land Management and with a letter dated October 31, <br />1997 from the Colorado State Historic Preservation Office, the Division finds that subject to <br />valid existing rights as of August 3,1977, the mining operation will not adversely affect any <br />publicly owned park or place listed on or eligible for listing in the National Register of <br />Historic Places as determined 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 private <br />surface estate, therefore, the documentation specified by Rule 2.03.6(2) is not required <br />(2.07.6(2)(f)). <br />22 <br />