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c) The boundaries of the National Park 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 (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 railroad loop is within 100 feet of the right-of-way of <br />Routt County Highway 37. The applicant published notice of the opportunity for a <br />public hearing regarding this permit renewal application in the Steamboat Pilot on <br />October 12, October 19, October 26, and November 2, 2008 in Steamboat Springs, <br />Colorado. No comments were received or interest expressed regarding this hearing. <br />The Division finds that the interests of the public and affected landowners will be <br />protected from the proposed mining operations (2.07.6(2)(d)(iv)). <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has <br />been provided. There are no occupied dwellings within 300 feet of the permit boundary <br />according to information submitted by HGTI (2.07.6(2)(d)(v)). <br />5. On the basis of information submitted by Hayden Gulch Terminal, Inc. in the form of a <br />1980 records and file search of known historical sites, as well as letters of concurrence from <br />the Colorado Historical Society (November 11, 1992 and again on 12 December 2002) and <br />Bureau of Land Management, Little Snake Field Office (November 18, 1992 and again on 3 <br />February 2003), the Division finds that, subject to valid existing rights as of August 3, 1977, <br />the mining operation will not adversely affect any publicly owned park or place listed on or <br />eligible for listing 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 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 (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 HGTI does <br />not own or control any operations which are currently in violation of any law, rule, or <br />regulation of the United States, or any State law, rule, or regulation, or any provision of <br />13