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not within: <br />a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)); <br />b) An area under study for designation as unsuitable for surface coal mining operations <br />(2.07.6(2)(d)(ii)); <br />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 unless the required finding of compatibility has <br />been made by the Secretary of the U.S. Department of 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 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. The permit area of the Bowie No. 1 Mine is within 300 feet <br />of three public roads - Highway 133, Steven's Gulch Road and a BLM access road to East <br />Roatcap Creek. Public notices, which provided opportunities for public hearings, were <br />published weekly for these roads on March 19, 1981 through April 9, 1981, February 6, <br />1991, and March 10, 1992. Written approval for use and undermining of Steven's Gulch <br />Road was obtained from the U.S. Forest Service as well as written approval from BLM <br />for use of the East Roatcap Creek public access road. The highway temporary coal <br />stockpile area and the coal loadout area are subject to valid existing rights <br />(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 (2.07.6(2)(d)(v)). <br />5. On the basis of information submitted by BRL in the form of several cultural resource site <br />surveys, a letter from the Bureau of Land Management and with a letter dated October 31, 1997 <br />from the Colorado State Historic Preservation Office, 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- 114(3) compliance review required by the Colorado <br />Surface Coal Mining Reclamation Act, the Division finds that Bowie Resources, LLC does not <br />own or control any operations which are currently in violation of any law, rule, or regulation of <br />Page 16 of 42 <br />