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ystem including rivers under study for designation, and National Recreation Areas <br />(2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or institutional building, <br />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 the mine <br />access or haul roads join such line, and excepting any roads for which the necessary approvals <br />have been received, notices published, public hearing opportunities provided, and written <br />findings made (2.07.6(2)(d)(iv)); <br />The haul/access road for the loadout joins State Highway 133. <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been <br />provided (2.07.6(2)(d)(v)). <br />Exhibit 12 of the permit application contains a letter from a resident south of the loadout <br />consenting to operations within 300 feet of his dwelling. <br />5. On the basis of information submitted by Terror Creek Company in the form of a letter from the State <br />Historic Preservation Officer with the Colorado Historical Society, the Division finds that subject to <br />valid existing rights as of August 3,1977, the mining operation will not adversely affect any publicly <br />owned park or place listed on the National Register of Historic Places (2.07.6(2)(e)(i)). <br />6. For this operation, private mineral estate has not been severed from private surface estate; therefore, <br />the documentation specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)). <br />On the basis of evidence submitted by the applicant and received from other state and federal agencies <br />as a result of the Section 34-33-114(3) compliance review required by the Colorado Surface Coal <br />Mining Reclamation Act, the Division finds that Terror Creek Company does not own or control any <br />operations which are currently in violation of any law, rule, or regulation of the United States, or any <br />State law, rule, or regulation, or any provision of the Surface Mining Control and Reclamation Act or <br />the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />8. Terror Creek Company does not control and has not controlled mining operations with a demonstrated <br />pattern of willful violations of the Act of such nature, duration, and with such resulting irreparable <br />damage to the environment as to indicate an intent not to comply with the provisions of the Act <br />(2.07.6(2)(h)). <br />9. The Division finds that surface coal mining and reclamation operations to be performed under this <br />permit will not be inconsistent with other such operations anticipated to be performed in areas adjacent <br />to the permit area (2.07.6(2)(1)). <br />10. The Division has examined and is holding three bond documents totaling $278,000.00. The first bond <br />document is a certificate of deposit, number 010-000-0702458, from Chase Bank in the amount of <br />$78,000.00. The second bond document is also a certificate of deposit, number 10-3005428-1, for <br />$100,000.00, from the Morgan Federal Bank. The third bond document is a certificate of deposit, <br />number 80595876, from the Paonia State Bank, for $100,000.00. These three bond documents have <br />9