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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 Pazk System, the National Wildlife Refuge System, the <br />National System of Trails, the National Wilderness Preservation System, the Wild and <br />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 boundazies 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 ofthe outside right-of--way line ofany public road except where mine <br />access or haul roads join such line, and excepting any roads for which the necessary <br />approvals have been received, notices published, public hearing opportunities provided, <br />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 has <br />been provided (2.07.6(2)(d)(v)). <br />5. On the basis of information submitted by Seneca Coal Company in the form of survey reports <br />and a letter from the Colorado Historical Society, 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 pazk or place listed on or eligible for listing in the National Register of <br />Historic Places as determined by the State Historic Preservation Office (2.07.6(2)(e)(I)). <br />The Division found, in 1981, all necessary notices and approvals were received in order to <br />allow the permittee to adversely affect a place listed on or eligible for listing in the National <br />Register of Historic Places as determined by the State Historic Preservation Office. The <br />place affected was Site SRT139, located in S '/~ NE 1/4 Section 1 1, Township 5 North, Range <br />87 West. Approval to affect it was received from the Division and the State Historic <br />Preservation Officer. A mitigation plan for the site included supervision by a qualified <br />archaeologist during topsoil removal, as well as documentation and recovery of all artifacts <br />unearthed during topsoil stripping. Details of the initial survey and mitigation plans are <br />located in Volume 2, Tab 5, of the permit application (2.07.6(2)(e)(ii)). <br />A stipulation (No. 3) was placed on the 1987 permit to address the possibility of <br />