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4. The Division finds that the permit 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 (?.07.6(2)(d)(I)); <br />b) An area under study for designation as unsuitable for surface coal mining <br />operations (2.07.6(2)(d)(ii)); <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 <br />Wild and Scenic Rivers System including rivers under study for designation, and <br />National Recreation Areas (2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or <br />institutional 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 boundaries of any National Forest (2.07.6(2)(d)(iii)(D)); <br />g) One hundred feet of the outside right-0f--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 />5. Anew Cultural Resource Inventory performed by CASA on approximately 200 acres of <br />the proposed addition to the permit area was conducted in July of 1997 and the results wes <br />two isolated fords of flakes and a projectile point. A review of the records maintained by <br />the Colorado State Historic Preservation Officer indicate no sites eligible for inclusion on <br />the National Register of Historic Places. No new surface disturbance is planned for this <br />site. A 60 acre portion of the revised area was not studied as the landowner strictly <br />prohibited any access to this property for a search. A letter to this affect is included in tlz; <br />permit. <br />The CASA cultural resource survey "highly recommended that no further cultural <br />resource inventories be required for underground mining by National King Coal in this <br />area of high mesas. There is little probability of significant cultural resources and there <br />would be no direct impacts to cultural resources from the National King Coal underground <br />mining activities." <br />c: <br />9 <br />