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application have been designed to prevent damage to the hydrologic balance outside the <br />proposed permit area. Please refer to Section B.III (Probable Hydrologic Consequences) <br />of this document for additional discussion of the predicted hydrologic consequences of <br />mining operations at the Golden Eagle Mine. (2.07.6(2)(c)). <br />4. The Division finds that the affected area is, subject to valid rights existing as of August 3, <br />1977, 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, <br />the National System of Trails, the National Wilderness Preservation System, the Wild <br />and 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 <br />has been made by the Secretary of the U.S. Department of Agriculture. <br />(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 (2.07.6(2)(d)(iv)); <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 />5. On the basis of information submitted by the original applicant in the form of a letter <br />written by the Colorado Historical Society shown in Exhibit 5 of the permit application the <br />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 (2.07.6(2)(e)(i)). <br />6. A portion of the operation involves severed surface and mineral rights. The operator has <br />the right of entry based on deeds on file in the Las Animas County Courthouse. <br />(2.07.6(2)(f)). <br />10 <br />