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the McClave Canyon Mine (2.05.6(3) and 4.05). <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 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 <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 permittee, in the form of cultural resource <br /> survey documentation in Appendix J and commitments in Section 4.1.3 of the PAP, as well <br /> as assessments made by OSM in their January, 1993,Mining Plan Decision Document, and <br /> letters of November 7, 1996, February 5, 2001, December 2,2005, and March 5, 2021 from <br /> the State Historic Preservation Officer(SHPO),the Division finds that, subject to valid <br /> existing rights as of August 3, 1977,the mining operation will not adversely affect any <br /> publicly owned park or place listed on or eligible for listing in the National Register of <br /> Historic Places as determined by the State Historic Preservation Office (SHPO) <br /> (2.07.6(2)(e)(i)). The SHPO has noted that one known archaeology site potentially eligible <br /> for listing had been identified on the permit area(5GF741), but the site would not be <br /> affected by the approved mining plan. The SHPO included a reminder in their letters that if <br /> previously unidentified archaeological resources are discovered,work would need to be <br /> interrupted until the resources are evaluated pursuant to the eligibility criteria of 36 CFR <br /> 60.4. A commitment to this effect is included in the permit application package. <br /> x <br />