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Sunshine Corner. The timing of the relocation and restoration is given in Table <br />2.05.3(3)-3. Users west on BB Road have been provided new access using the <br />existing county road (BB 27) that goes west from 2700 Road approximately 1300 feet <br />south of the Sunshine Ranch Corner. An extension of this road was constructed to <br />provide access to the Enstrom and Wilcox properties. These are the only users of the <br />western portion of BB Road who have been affected by the operation. BB Road ends <br />at the Wilcox property. Map 2.05.3(3)-8 shows the BB 27 Road extension in plan <br />view. Design and construction of this road, which lies outside of the permit <br />boundary, was accomplished under an agreement between Western Fuels-Colorado, <br />Montrose County, and the Morgans. <br />A detailed plan with engineering drawings of the detour was supplied to Montrose <br />County for 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 <br />has been provided (2.07.6(2)(d)(v)). <br />Mine operations, including blasting, extraction and reclamation, will occur within <br />three hundred feet of the home of Frank and Mary Lou Morgan. A waiver signed by <br />the Morgans is provided in Attachment 2.03.7-1. <br />5. On the basis of information submitted by The Colorado Historical Society in the form of <br />a letter received October 19, 1999, from Susan M. Collins, Deputy State Historic <br />Preservation Officer, the Division finds that, subject to valid existing rights as of <br />August 3,1977, the mining operation will not adversely affect any publicly owned park or <br />place listed on the 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 <br />the 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 <br />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 <br />Reclamation Act 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 <br />demonstrated pattern of willful violations of the Act of such nature, duration, and with <br />such resulting irreparable damage to the environment as to indicate an intent not to <br />comply with the provisions of the Act (2.07.6(2)(h)). <br />24