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4. The Division finds that the permit azea 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 azea under study for designation as unsuitable for surface coal mining operations (2.07.6(2)(d)(ii)); c) The boundazies of the National Pazk 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 pazk (2.07.6(2)(d)(iii)(B)); e) One hundred feet of a cemetery (2.07.6(2)(d)(iii)(C)); f) The boundazies of any National Forest (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 necessazy approvals have been received, notices published, public heazing opportunities provided, and written findings made (2.07.6(2)(d)(iv)). More specifically, the Mine No. 3 permit azea is within 100 feet of the outside right-of-way of County Road 179 and County Road 33. These azeas are subject to valid existing rights because the permit azea of Permit No. 76-16 included the roads. CYCC closed County Road 179 during the backfilling and grading of the Middle Creek final cubportal area. During the initial discussions with Routt County officials regazding temporary closure of County Road 179, the County officials requested permanent relocation of County Road 179. As a result, that portion of the Fish Creek Tipple haul road between its junction with County Road No. 179, and north of County Road No. 33 as shown on Map 5, Surface and Coal Ownership, is now utilized as a relocated portion of County Road No. 179. The relocation is in compliance with Routt County approval, and with state Rule 2.07.6(2)(d)(iv). The relocation of the above-referenced portion of County Road No. 179 was approved by Routt County with the approval of Routt County Resolution Number SS-004. A copy of the resolution is included as Exhibit 25 in the application package. h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has been provided (2.07.6(2)(d)(v)). Specifically, an occupied dwelling is within 300 feet of the mine azea. This dwelling is owned by Colorado Yampa 9