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b) An area under study for designation as unsuitable for surface coal mining <br />operations (2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife Refuge <br />System, the National System of Trails, the National Wilderness Preservation <br />System, the Wild and Scenic Rivers System, including rivers under study for <br />designation, and National Recreation Areas (2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or <br />institutional 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 <br />compatibility has been made by the Secretary of the U.S. Department of <br />Agriculture (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 (2.06.7(2)(d)(iv)); <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the <br />owner has been provided. Two dwellings appear to lie within 310 to 400 feet of <br />the Jansen Loadout (2.07.6(2)(d)(v)). <br />5. The Division finds that, subject to valid, existing rights as of August 3, 1977, the mining <br />operation will not adversely affect any publicly owned park or place listed on or eligible <br />for listing in the National Register of Historic Places, as determined by the State Historic <br />Preservation Office. This finding is based on information submitted by the original <br />applicant in the form of a letter written by the Colorado Historical Society shown in <br />Exhibit 7. (2.07.6(2)(e)(i)). <br />6. This is an underground mining operation, and the private mineral estate has both been <br />severed from private surface estate in some areas and has not been severed in other <br />areas. The documentation specified by Rule 2.03.6(1), in the form of a deed on file <br />with the Las Animas County Courthouse, has been provided. <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)(i)). <br />9