Laserfiche WebLink
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 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 <br />has been made by the Secretary of the U.S. Department of Agriculture <br />(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 (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 to the Division. (2.07.6(2)(d)(v)) <br />5. On the basis of information submitted by the applicant, in the form of cultural resource <br />surveys, the Division finds that subject to valid existing rights as of August 3, 1977, the <br />mining operation will not adversely affect sites eligible, or potentially eligible, for listing <br />in the National Register of Historic Places as determined by the State Historic <br />Preservation Office. (2.07.6(2)(e)(1)) <br />6. For this surface mining operation, the majority mineral owner concurred with the initial <br />approval for surface mining as proposed and approved under PR-01. Since that time, <br />the private coal lease originally issued to Lorencito Coal Company has been <br />terminated effective July 1, 2005. A surface use agreement effective January 1, 2001 <br />between the Hill Ranch, the surface owner, and Lorencito Coal Company, as contained <br />in Exhibit 2 of the permit application, represents the current right to enter lands within <br />the permit area. (2.07.6(2)(f)) <br />7. On the basis of evidence submitted by the applicant and received from other state and <br />federal agencies as a result of the Section 34-33-114(3) compliance review required by <br />the Colorado Surface Coal Mining Reclamation Act, the Division finds that New Elk <br />Coal Company, LLC does not own or control any operations which are currently in <br />violation of any 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 Reclamation Act or the <br />Colorado Surface Coal Mining Reclamation Act. (2.07.6(2)(g)(1)) <br />8. New Elk Coal Company, LLC does not control and has not controlled mining <br />operations with a demonstrated pattern of willful violations of the Act of such nature, <br />12