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4. The Division finds that the permit area is , subject to valid rights <br /> existing as of August 3, 1977 , not within: <br /> a) An area designated unsuitable for surface coal mining operations <br /> (2.07.6(2)(d)( i ) ) ; <br /> b) An area under study for designation as unsuitable for surface coal <br /> mining operations (2.07.6(2)(d)( ii ) ) ; <br /> c) The boundaries of the National Park System, the National Wildlife <br /> Refuge System, the National System of Trails , the National <br /> Wilderness Preservation System, the Wild and Scenic Rivers System, <br /> 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 , <br /> community or institutional building, or public park <br /> (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 unless the required finding <br /> of compatibility has been made by the Secretary of the U.S. <br /> Department of Agriculture (2.07 .6(2)(d)( iii )(D) ) ; <br /> g) One hundred feet of the outside right-of-way line of any public <br /> road except where mine access or haul roads join such line, and <br /> excepting any roads for which the necessary approvals have been <br /> received , notices published , public hearing opportunities provided, <br /> and written findings made (2.07.6(2)(d)( iv)) . The portion of the <br /> operation that lies within 100 feet of the I-70 Highway was in <br /> existence prior to August 3, 1977 and complies with <br /> Rule 2.07.6(2)(d) ; <br /> h) Three hundred feet of an occupied dwelling unless a written waiver <br /> from the owner has been provided (2.07 .6(2)(d) (v)) . <br /> 5. On the basis of information submitted by the Colorado Historical Society, <br /> the Antiquities Research Division Historical Museum and Institute, and <br /> the Grand River Institute , a check of the National Historic Register for <br /> Cultural and Historic Sites , Antiquities Inventory, Cultural Resources <br /> Inventory Reports , and consultation with the Bureau of Land Management, <br /> the Division finds that, subject to valid existing rights as of August 3, <br /> 1977 , the mining operation will not adversely affect any publicly owned <br /> park or place listed on or eligible for listing in the National Register <br /> of Historic Places as determined by the State Historic Preservation <br /> Office (2.07.6(2)(e)( i ) ) . Information regarding Cultural and Historic <br /> Resources may be found in Appendices AA, DD, YY, and Section 2 .04.4 of <br /> the permit. <br /> 6. For this underground mining operation , private mineral estate has been <br /> severed from private surface estate. Because underground mining <br /> activities do not concurrently involve the surface mining of coal , the <br /> documentation specified by Rule 2 .03.6(2) is not required (2.07.6(2)(f) ) . <br /> 14 <br />