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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. (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 />A public notice for RN -5 was published for four consecutive insertions beginning on <br />December 10, 2017. The public notice included information that the proposed permit <br />area crosses US Highway 40 and Routt County Road 37. The public notice provided <br />the opportunity for written comments, objections, and requests for a public hearing <br />within thirty (30) days of the last publication which was published on December 31, <br />2017. No comments, objections, or requests for a public hearing were received <br />within the thirty day comment period. <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. Information pertaining to cultural and historic resources can be found in Tab 5 of Volume <br />1 of the revised PAP. <br />On the basis of information submitted by HGT in the form of a 1980 records and file <br />search of known historical sites, as well as letters of concurrence from the Colorado <br />Historical Society (November 11, 1992 and again on December 12, 2002 for RN -2) and <br />Bureau of Land Management, Little Snake Field Office (November 18, 1992 and again on <br />February 3, 2003 for RN2), the Division finds that, subject to valid existing rights as of <br />August 3, 1977, the mining operation will not adversely affect any publicly owned park or <br />place listed on or eligible for listing in the National Register of Historic Places as <br />15 <br />