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4. The Division finds that the permit area is, subject to valid rights existing as of August 3, 1977, not within: a) An azea 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 minirig 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, conununity 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 of the U.S. Department of Agriculture. See appendix 1 of the permit document for specifics of the federal coal lease on USFS lands. (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 fmdings made (2.07.6(2)(d)(iv)); h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been provided (2.07.6(2)(d)(v)). 5. The permittee has submitted asite-specific literature search of the permitted azea. The literature seazch was performed by the Colorado State Historic Preservation Office. Based on this report, other information contained in the application, and comments received from the Colorado Historical Society, the Division finds that the operation will not adversely affect any publicly owned park or place listed on the National Register of Historic Places (2.06.5(2)(e)). In addition to a literature seazch by the Colorado State Historic Preservation Officer (Exhibit 2 of Permit No. C-81-023), a complete azchaeological survey of the Federal Lease Area was performed (Federal Lease permit revision application Exhibit 38, pages 55-1 through 55-17). Several sites were recommended for further testing; all sites have now been cleazed. The Bureau of Land Management's "no effect" determination letter of December 7, 1982 from Mazlyn V. Jones, BLM Montrose District Manager, to Mr. Arthur Townsend, State Historic Preservation Officer, and the December 17, 1982 letter from Mr. Townsend to Ms. Jones, are located in Appendix C of the December 1983 Findings Document. 7