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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)(1)); <br /> b) An area under study for designation as unsuitable for surface coal mining operations <br /> (2.07.6(2)(d)(11)); <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)(111)(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)(111)(B)); <br /> e) One hundred feet of a cemetery (2.07.6(2)(d)(111)(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)(111)(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) On the basis of information submitted by Peabody Sage Creek Mining,LLC and a letter of <br /> approval from the State Historic Preservation Office, dated July 30, 2009,the Division finds <br /> that subject to valid existing rights as of August 3, 1977,the mining operation will not <br /> adversely affect any publicly owned park or place listed on or eligible for listing in the <br /> National Register of Historic Places as determined by the State Historic Preservation Office <br /> (2.07.6(2)(d)(vi)). The proposed renewal does not involve any new surface disturbance. <br /> 5. The permit area is not included in an area designated or under study for designation as <br /> unsuitable for surface coal mining operations (2.07.6(2)(e)). <br /> 6. For this surface mining operation,private mineral estate has not been severed from private <br /> surface estate; therefore, the documentation specified by Rule 2.03.6(2) is not required <br /> (2.07.6(2)(f))- <br /> Page 12 of 27 <br />