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b) An area under study for designation as unsuitable for surface coal mining <br />operations (2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife Refuge System, <br />the National System of Trails, the National Wilderness Preservation System, the <br />Wild and Scenic Rivers System (including rivers under study for designation) and <br />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 (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 <br />mine 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. The railroad loop is within 100 <br />feet of the right-of-way of Routt County Highway 37. The Division published notice <br />of a proposed public hearing regarding this matter in the Steamboat Pilot; in <br />Steamboat Springs, Colorado. No comments were received or interest expressed <br />in this hearing. The Division finds that the interests of the public and affected <br />landowners will be protected from the proposed mining operations <br />(2.07.6(2)(d)(iv)). <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner <br />has been provided. There are no occupied dwellings within 300 feet of the permit <br />boundary according to information submitted by Peabody Western Coa] Company <br />(2.07.6(2)(d)(v)). <br />S. On the basis of information submitted by Hayden Gulch Terminal, Inc in the form of <br />a 1980 records and file search of known historical sites, as well as, letters of <br />concurrence from the Colorado Historical Society (November 11, 1992) and Bureau of <br />Land Management (November 18, 1992), the Division finds that, subject to valid <br />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 loadout and rail loop operation, private mineral estate has been severed from <br />private surface estate, however, the documentation required by Rule 2.03.6(2) is not <br />required as the permittee is not proposing to mine coal within the permit area <br />(2.07.6(2)(f)). <br />is <br />