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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 Pazk System, the National Wildlife Retuge 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)); ~ The boundaries 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 necessary approvals have been received, notices published, public hearing 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. A Cultural Resource Inventory performed by CASA was conducted in July of 1997 and the results were two isolated finds of tlakes and a projectile point. A review of the records maintained by the Colorado State Historic Preservation Officer indicate no sites eligible for inclusion on the National Register of Historic Places. No new surface disturbance is planned for this site. A 60 acre portion of the revised area was not studied as the landowner strictly prohibited any access to this property for a search. A letter to this affect is included in the permit. The CASA cultural resource survey "highly recommended that no further cultural resource inventories be required for underground mining by National King Coal in this area of high mesas. There is little probability of significant cultural resources and there would be no direct impacts to cultural resources from the National King Coa] underground mining activities." A survey of cultural resources was performed by Jamie A. Karlson, Staff Archaeologist, Fort Lewis College. This survey did not identity any cultural resources eligible for the National Register of Historic Places. 10