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accordance with Rule 2.07.6(2)(c). <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 <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 /> i) PR11 is proposed to be approved with Stipulation#23 noted above. TMI must satisfy <br /> the requirements of Stipulation#23 prior to affecting 29.4 acres within the mine plan <br /> area. Currently identified archaeological, cultural and historic sites are discussed in <br /> Section 2.9.1, 2.9.2, and Appendix K of the PAP. Site 5MF948 is discussed in <br /> section 3.4.3.1 and Appendix K of the PAP. Subject to valid existing rights as of <br /> August 3, 1977, the Division finds the mining operation is not within an area <br /> designated unsuitable for mining, will not adversely affect any Federal Public Lands <br /> or Rivers, publicly owned parks, buildings, schools or churches or place listed on or <br /> eligible for listing in the National Register of Historic Places as determined by the <br /> State Historic Preservation Office (30 CFR 76), (2.07.6(2)(d)). <br /> 5. The proposed permit area is not within an area designated unsuitable for surface coal <br /> mining operation and/or within an area under study for designation as unsuitable for <br /> surface coal mining operations in accordance with Rule 2.07.6(2)(e). <br /> 12 <br />