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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 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 Colorado Historical Society, the Antiquities <br /> Research Division Historical Museum and Institute, and the Grand River Institute, a check <br /> of the National Historic Register for Cultural and Historic Sites, Antiquities Inventory, <br /> Cultural Resources Inventory Reports, and consultation with the Bureau of Land <br /> Management,the Division finds that, subject to valid existing rights as of August 3, 1977, <br /> the mining operation will not adversely affect any publicly owned park or place listed on <br /> or eligible for listing in the National Register of Historic Places as determined by the State <br /> Historic Preservation Office (2.07.6(2)(e)(i)). Information regarding Cultural and Historic <br /> Resources may be found in Tab 5 of the permit application. <br /> 6. For this surface mining operation private mineral estate has been severed from private <br /> surface estate. Because underground mining activities do not concurrently involve the <br /> surface mining of coal, the documentation specified by Rule 2.03.6(2) is not required <br /> (2.07.6(2)(f)). <br /> 18 <br />