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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 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 of the U.S. Department of Agriculture (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 hearing opportunities provided, and written findings made. The permit area includes a portion of Garfield County Road 335, which was to be upgraded and used as a haul road. Public hearings regarding use of this road for coal haulage were held in conjunction with the review of NCIG's application for Permit Revision No. 1 in 1990. At that time, the Division found in writing and the Board approved the inclusion of the road in the permit area; (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. On the basis of information submitted by Nickens & Associates in the form of a study, Storm King Mines Cultural Resource Survey (9/83), and concurrence from the Colorado Historical Preservation Officer in a letter dated October 15, 1996, the Division finds that subject to valid existing rights as of August 3, 1977, the mining operation will not adversely affect any publicly owned park or place listed on or eligible for listing in the National Register of Historic Places as determined by the State Historic Preservation Office (2.07.6(2)(e)(i)). 6. For this surface mining operation, private mineral estate has not been severed from private surface estate, therefore, the documentation specified by Rule 2.03.6(2) is not required (2.07.6(2)(f)). Coal Ridge No. 1 Mine 10 Permit Renewal No. 3