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hydrologic balance outside the proposed permit azea. Refer to Section B, III, K, for details (2.07.6(2)(c)). 4. The Division finds that the permit area is, subject to valid rights existing as of August 3, 1977, not within: a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(I)); b) An area under study for designation as unsuitable for surface coal mining operations (2.07.6(2)(d)(ii)); c) The boundaries of the National Park System, the National Wildlife Refuge System, the National System of Trails, the National Wilderness Preservation System, the Wild and Scenic Rivers System, including rivers under study for designation, and National Recreation Areas (2.07.6(2)(d)(iii)(A)); d) Three hundred feet of any public building, school, church, community or institutional building, or public park (2.07.6(2)(d)(iii)(B)); e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); f) The boundaries of any National Forest unless the required finding of compatibility has been made by the Secretary ofthe U.S. Department ofAgriculture. On October 28, 1992, the Division contacted the U.S. Forest Service (USFS) to verify that their previous approval remained valid. Mr. Daryl Gusey ofthe USFS indicated that the application was reviewed and that the USFS. had no comments or concerns. No continents were received from the USFS regarding the Permit Renewal No. 4 application (2.07.6(2)(d)(iii)(D)); g) One hundred feet of the outside right-of--way line of any public road except where mine access or haul roads join such line, and excepting any roads for which the necessary approvals have been received, notices published, public heazing opportunities provided, and written findings made; The permit area of the Bear No. 3 operation is within 100 feet of the outside right-of--way line of Highway 133. The portion of the permit azea within 100 feet of Highway 133 is the permitted haul road which intersects the highway. No part of the surface facilities azea or the portal area is within 100 feet of Highway 133 (2.07.6(2)(d)(iv)); h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been provided; The permit area for the Beaz No. 3 Mine is located within 300 feet of several occupied dwellings in Somerset, Colorado. Affected residents have signed waivers providing their consent to the mining operations (Exhibit 3, Beaz No. 3 permit application) (2.07.6(2)(d)(v)). 14