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<br />c) The boundaries of the National Park System, the National Wildlife Refuge System, <br />the National System of Trails, the National Wilderness Preservation System, the <br />Wild and Scenic Rivers System including rivers under study for designation, and <br />National Recreation Areas (2.07.6(2)(d)(iii)(A)); <br /> <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 /> <br />e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); <br /> <br />f) The boundaries of any National Forest unless the required finding of compatibility <br />has been made by the Secretary of the U.S. Department of Agriculture <br />(2.07.6(2)(d)(iii)(D)); <br /> <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 (2.07.6(2)(d)(iv)); <br /> Mining-related disturbance will occur within 100 feet of the four County Roads (AA, <br />26.00, Z and 26.50) surrounding the permit area. The applicant has been issued a <br />Special Use Permit by Montrose County (see Appendix 2.05.3-1 of the permit). <br />Condition number 6 reads, “Use of the 100 foot buffer zone adjacent to County road <br />right-of-ways will be permitted for surface activities which include: soil stockpiles, <br />haul roads, maintenance facilities, office, parking areas, storage areas, and other <br />similar mining support facilities. All surface facilities and mining activities shall <br />maintain a 25 foot setback from all road right-of-ways.” <br /> <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 /> <br />5. On the basis of information submitted by Western Fuels – Colorado, LLC in the form of <br />cultural resource inventories, 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 or eligible for listing in the National Register of Historic Places as <br />determined by the State Historic Preservation Officer (2.07.6(2)(e)(i)). <br /> <br />6. For this surface mining operation private mineral estate has been severed from private <br />surface estate; therefore, the documentation specified by Rule 2.03.6(2) has been provided <br />in Appendix 2.03.6-1(a) in the form of a Memorandum of Surface Lease and Purchase <br />Agreement executed August 7, 2009 between Garvey & Co. and the applicant <br />(2.07.6(2)(f)). <br /> <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 Fuels- <br /> <br /> <br /> <br />19 <br /> <br />