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In addition, BRL submitted to the Division a letter dated January 8, 2002 in which <br />CDOT approved of the proposed disturbances within 100 feet of the highway <br />right -of -ways. BRL also submitted a utility permit issued by CDOT, allowing the <br />construction of the overhead conveyor belt over Old State Highway 133. The <br />road access permit for the temporary construction access road is required to be <br />submitted through Stipulation No. 13, which is attached to the Permit Revision <br />No. 6 decision. <br />Technical Revision No. 27 provided for the storage of soil and rock material that <br />was excavated from the wash plant bench construction along the outslope of the <br />gob pile haul road. A portion of the material storage area fell within 100 feet of <br />the right -of -way of old State Highway 133. The public notice of the completeness <br />of this revision also informed the public of the right to request a public hearing. <br />The public notice appeared in the June 25, 2003 edition of the Delta County <br />Independent. No one requested a public hearing. <br />h) Three hundred feet of an occupied dwelling, unless a written waiver from the <br />owner has been provided (2.07.6(2)(d)(v)). <br />With the original permit application, there was one occupied dwelling within 300 <br />feet, measured horizontally, of the surface operations or facilities. The dwelling <br />was owned by Hidden Valley Ranch and Cattle Company, Inc. A written waiver <br />is included in Volume III, Exhibit 14, from the dwelling owner, which states that <br />the owner had the legal right to deny mining, and the dwelling owner knowingly <br />waived that right. <br />For Permit Revision No. 3, some of the proposed operations were within 300 feet <br />of several buildings that had been owned by the Hidden Valley Ranch and Cattle <br />Company. However, under an Option to Purchase, BRL negotiated a Special <br />Power of Attorney that assigned all rights to BRL for the property in question. <br />This documentation is found in Tab 1 of Volume III of the permit application. <br />Concerning Permit Revision No. 6, several occupied buildings were within 300 <br />feet of the proposed operations. In several cases, BRL purchased the properties <br />and demolished the buildings. In another case, BRL built a replacement home for <br />one citizen whose original home was within 300 feet of the disturbance. BRL, <br />then, received a right -of -entry agreement with the same landowner for access onto <br />the property. BRL also received a right -of -entry agreement with another citizen <br />for property access. The deeds of purchase and right -of -entry agreements are <br />located in Exhibit 1 of Volume III of the permit application. <br />5. The Division finds that all necessary notices and approvals have been received, in order <br />to allow the permittee to adversely affect a public park or place listed on or eligible for <br />listing in the National Register of Historic Places as determined by the State Historic <br />Preservation Office. The places which may be affected are structures in and around the <br />old Bowie town site. Approval to affect the structures has been received from the <br />17 <br />