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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 Scenic <br />Rivers System including rivers under study for designation, and National Recreation Areas <br />[2.07.6(2)(d)(iii)(A)]. <br />d) three hundred feet of any public building, school, church, community or institutional building, <br />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 access <br />or haul roads join such line, and excepting any roads for which the necessary approvals have <br />been received, notices published, public hearing opportunities provided, and written findings <br />made [2.07.6(2)(d)(iv)]. Garfield County Road 335 was to be upgraded and used as a haul road. <br />Public hearings regarding use of this road for coal haulage were held in conjunction with the <br />review of NCIG's application for Permit Revision No. 1 in 1990. At that time, the Division found <br />in writing and the Board approved the inclusion of the road in the permit area. The present north <br />boundary of the permit area is contiguous to the south right -of -way boundary of Garfield County <br />Road 335. However, these contiguous areas are unaffected (no surface disturbance or disturbance <br />from underground mining activities). <br />h) three hundred feet of an occupied dwelling [2.07.6(2)(d)(v)]. <br />5. On the basis of information submitted by Nickens & Associates in the form of a study, Storm <br />King Mines Cultural Resource Survey (9183), and concurrence from the Colorado Historical <br />Preservation Officer in a letter dated October 15, 1996, the Division finds that subject to valid <br />existing rights as of August 3, 1977, the mining operation will not adversely affect any publicly <br />owned park or place listed on or eligible for listing in the National Register of Historic Places as <br />determined by the State Historic Preservation Office [2.07.6(2)(e)(i)]. <br />6. For this surface mining operation, private mineral estate has not been severed from private <br />surface estate, therefore, the documentation specified by Rule 2.03.6(2) is not required <br />[2.07.6(2)(f)]. <br />7. On the basis of evidence submitted by the applicant and received from other state and federal <br />agencies as a result of the Section 34 -33 -14(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, NCIG, Inc. 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 law, <br />rule, or 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)]. An Applicant Violator Survey <br />(AVS) Compliance Check was initiated on 29 March 2011 (1 Check) and 3 November 2011. <br />No violations are active, and the Division recommendation is issue. A final query will be made <br />prior to issuance of the new permit. <br />8. CB Minerals Company, LLC. 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 such <br />Coal Ridge No. 1 Mine <br />Permit Renewal 6 9 31 October 2011 <br />