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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. <br />Routt County Roads 27 and 51D cross the permit area. SCCC published a notice in the <br />Steamboat Pilot for four consecutive weeks beginning July 5, 2009 that offered the <br />opportunity for a public hearing regarding mining near these roads. There was no <br />response to the notice; therefore, no hearing was held (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. The PSCM permit area is not within 300 feet of an occupied dwelling <br />(2.07.6(2)(d)(v))• <br />5. On the basis of information submitted by SCCC and a letter of approval from the State <br />Historic Preservation Office, dated July 30, 2009, the Division finds that subject to valid <br />existing rights as of August 3, 1977, the mining operation will. not adversely affect any <br />publicly owned park or place listed on or eligible for listing in the National Register of <br />Historic Places as determined by the State Historic Preservation Office. (2.07.6(2)(e)(i)). <br />6. For the portion of this operation that is a surface mining operation„ private mineral estate has <br />not been severed from private surface estate; therefore, the documentation specified by Rule <br />2.03.6(2) is not required. (2.07.6(2)(f)). <br />7. Applicant Violator System. On the basis of evidence submitted by the applicant and received <br />from other state and federal agencies as a result of the Section 34-33-114(3) compliance <br />review required by the Colorado Surface Coal Mining Reclamation Act, the Division finds <br />that SCCC, as of May 6, 2010, 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)(i)]. SCCC's compliance <br />review information was verified through the U.S Office of Surface Mining's Applicant <br />Violator System. <br />Peabody Sage Creek Mine 16 May 7, 2010