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<br /> <br /> <br /> 16 <br />(2.07.6(2)(c)). <br /> <br />4. The Division finds that the affected area is, subject to valid rights existing as of August 3, <br />1977, not within: <br /> <br /> a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(i)); <br /> <br /> b) An area under study for designation as unsuitable for surface coal mining operations <br />(2.07.6(2)(d)(ii)); <br /> <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 /> <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 /> <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 has <br />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 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 /> <br />Mining-related disturbance is approved to occur within 100 feet of the four County <br />Roads (AA, 26. 00, Z and 26. 50) surrounding the permit area. A Special Use Permit <br />has been issued by Montrose County (see Appendix 2.05.3-1 of the permit). Condition <br />number 6 of the Special Use Permit reads, "Use of the 100 foot buffer zone adjacent <br />to County road right-of-ways will be permitted for surface activities which include: <br />soil stockpiles, haul roads, maintenance facilities, office, parking areas, storage areas, <br />and other similar mining support facilities. All surface facilities and mining <br />activities shall maintain a 25 foot setback from all road right-of-way s." <br /> <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 /> <br />5. On the basis of information submitted by WFC in the form of cultural resources inventories, <br />the 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 for <br />listing in the National Register of Historic Places as determined by the State Historic <br />Preservation Office (2.07.6(2)(e)(i)).