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h) Three hundred feet of an occupied dwelling unless a written waiver <br /> from the owner has been provided (2.07.6(2)(d)(v)) . <br /> 5. On the basis of information submitted by Mountain Coal Company in the <br /> form of Exhibit 11 , the Division finds that subject to valid existing <br /> rights as of August 3, 1977, the mining operation will not adversely <br /> affect any publicly owned park or place listed on or eligible for listing <br /> in the National Register of Historic Places as determined by the State <br /> Historic Preservation Office (2.07.6(2)(e)(i )) . <br /> 6. For this surface mining operation, private mineral estate has not been <br /> severed from private surface estate; therefore, the documentation <br /> specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)) . <br /> 7. On the basis of evidence submitted by the applicant and received from <br /> other state and federal agencies as a result of the Section 34-33-114(3) <br /> compliance review required by the Colorado Surface Coal Mining <br /> Reclamation Act, the Division finds that Mountain Coal Company does not <br /> own or control any operations which are currently in violation of any <br /> 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 <br /> Reclamation Act or the Colorado Surface Coal Mining Reclamation Act <br /> (2.07.6(2)(g)(i )) . <br /> 8. Mountain Coal Company does not control and has not controlled mining <br /> operations with a demonstrated pattern of willful violations of the Act <br /> of such nature, duration, and with such resulting irreparable damage to <br /> the environment as t an intent not to comply with the <br /> provisions of the Act (2.07.6(2)(h)) . <br /> 9. The Division finds that surface coal mining and reclamation operations to <br /> be performed under this permit will not be inconsistent with other such <br /> operations anticipated to be performed in areas adjacent to the permit <br /> area (2.07.6(2)(i )) . <br /> 10. The Division has examined and is holding United Pacific Insurance <br /> Company, Corporate Surety Number U-629964-A, in the amount of <br /> $4,400,000.00 The bond is valid and the bond amount exceeds the actual <br /> required amount of $4,351 , 151 .00. <br /> The above bond amount reflects the Division' s projection of reclamation <br /> costs for worst-case disturbance which will occur during the proposed <br /> permit term (2.07.6. (2)(j)) . <br /> 11 . The Division has made a negative determination for the presence of prime <br /> farmland within the permit area. The decision was based on a letter <br /> dated October 10, 1980, from the Soil Conservation Service that <br /> demonstrates that no prime farmland mapping units are found within the <br /> permit area (2.07.6(2)(k)) . <br /> 12. The Division has made a negative determination for the existence of <br /> alluvial valley floors within the permit area. This determination is <br /> based on information provided by the applicant which demonstrates that <br /> -26- <br />