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east of the intersection with 2700 Road ("Sunshine Corner") were reconstructed, <br />surfaced with gravel, and opened to the public. Asphalt surfacing of these roads will <br />occur at a later date. Ongoing mine operations prevent the reconstruction and opening <br />of BB Road to the west of Sunshine Corner. The timing of the relocation and restoration <br />is given in Table 2.05.3-1. Users west on BB Road have been provided new access <br />using the existing county road (BB 27) that goes west from 2700 Road approximately <br />1300 feet south of the Sunshine Ranch Corner. An extension of this road was <br />constructed to provide access to the Enstrom and Wilcox properties. These are the only <br />users of the western portion of BB Road who have been affected by the operation. BB <br />Road ends at the Wilcox property. Map 2.05.2-1 shows the BB 27 extension in plan <br />view. <br />A detailed plan with engineering drawings of the detour was supplied to Montrose <br />Comity ur approval together with the revised special use permit application for the <br />mine. <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has <br />been provided (2.07.6(2)(d)(v)). <br />5. On the basis of information submitted by The Colorado Historical Society in the form of a <br />letter received October 19, 1999, from Susan M. Collins, Deputy State Historic Preservation <br />Officer, the Division finds that, subject to valid existing rights as of August 3, 1977, the <br />mining operation will not adversely affect any publicly owned park or place listed on the <br />National Register of Historic Places (2.07.6(2)(e)(i)). <br />6. For this surface mining operation, private mineral estate has been severed from private <br />surface estate in some cases; therefore, the documentation specified by Rule 2.03.6(2) has <br />been provided in Section 2.03.6 of the New Horizon 2 permit application (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 the <br />Colorado Surface Coal Mining Reclamation Act, the Division finds that Western <br />Fuels-Colorado, a Limited Liability Company, does not own or control any operations which <br />are currently in violation of any law, rule, or regulation of the United States, or any State <br />law, rule, or regulation, or any provision of the. Surface Mining Control and Reclamation Act <br />or the Colorado Surface Coal Mining Reclamation Act (2.07.6(2)(g)(i)). <br />8. The operator 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 <br />irreparable damage to the environment as to indicate 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 be performed <br />under this permit will not be inconsistent with other such operations anticipated to be <br />performed in areas adjacent to the permit area (2.07.6(2)(i)). <br />21