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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, 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. <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 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 <br />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 has <br />been provided (2.07.6(2)(d)(v)). <br />5. On the basis of correspondence from the State Historic Preservation Office (SHPO), the <br />Division finds that subject to valid existing rights as of August 3, 1977, the mining operation <br />will not adversely affect any publicly owned park or place listed on or eligible for listing in <br />the National Register of Historic Places as determined by the State Historic Preservation <br />Office (2.07.6(2)(e)(i)). In a letter of November 30, 1999 associated with review of Permit <br />Revision No. 2, the SHPO noted that the entire proposed permit boundary had previously <br />been surveyed for cultural resources, and that only two rock art sites had been determined <br />eligible for listing in the National Register of Historic Places. Subsequent correspondence <br />documented that adequate protections and documentation had been completed with respect <br />to the eligible sites (both located within or adjacent to the "original" mine permit boundary). <br />In a letter of July 17, 2000 associated with Permit Renewal No. 3 (RN -3), the SHPO noted <br />that, since the renewal "will involve no changes to the permitted mining boundaries, we find <br />that there will be no effect to cultural resources". There has been no expansion of the permit <br />boundary since the approval of PR -2, in 1999. The SHPO's "No Effect" finding was <br />confirmed in a letter dated, August 3, 2015, in response to the Division's RN -6 application <br />notification letter. <br />2 <br />