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<br />~i <br />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 />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 />e> One hundred feet of a cemetary (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)); <br />h) The permit area is within 300 feet of two occupied buildings: the <br />Lombardi residence and the old Gabossi residence on the east bank <br />of Oak Creek in Section 17, T4N, R85W. The Edna Mine disturbance <br />in this area consists of an access road and the tipple area <br />sedimentation ponds. These disturbances are subject to "valid <br />existing rights" (Rule 1.04(149)) due to their existence prior to <br />August 3, 1977. The location of the dwelling, the road and the <br />tipple are presented on Exhibit 4.6-21 and Exhibit 3.2-1 (Sheet 2 <br />of 2) in the permit application. <br />The old Carlo Gabossi residence is located in Section 12, T4N, <br />R86W, as presented on Exhibit 3.7-1 and Exhibit 3.2-1 (Sheet 2 of <br />2). This residence is owned by Chevron USA, Inc., pursuant to a <br />warranty deed - surface executed on December 30, 1980 (reference <br />Volume 9, Appendix 3.7-A, page 12). Due to the valid existing <br />rights and to the ownership by Chevron USA, Inc., a written waiver, <br />pursuant to Rule 2.07.6(2)(d)(V), is not required for the Lombardi <br />and Gabossi residences, respectively. <br />The operation is in compliance with the requirements of this section. <br />_iq_ <br />