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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 />d1 Three hundred feet of any public building, school, church, community <br />or institutional building, or public park (2.07.6(2)(d)(iii)(B)); <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 of <br />compatibility has been made by the Secretary of the U.S. Department <br />of Agriculture, (2.07.6 (2)(d)(iii)(D11; <br />g) One hundred feet of the outside right-of-way line of any public road <br />except where mine access or haul roads join such line, and excepting <br />any roads for which the necessary approvals have been received, <br />• notices published, public hearing opportunities provided, and <br />written findings made (2.07.6(2)(d)(iv)); <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. The northeastern portion of Section 15, western portion of Section 16, <br />northwesten and southern portions of Section 21, and northwestern portion <br />of Section 27 as per Figure 4, Appendix J, of the expanded permit area <br />have not been assessed in terms of cultural or historic resources, and so <br />the following stipulation is imposed on the permit: <br />Stipulation 19 <br />PRIOR TO CONDUCTING ANY MINING ACTIVITIES IN SECTIONS 15, 16, 21, 22, AND <br />27 WHICH MIGHT RESULT IN SUBSIDENCE, SALT CREEK MINING COMPANY SHALL <br />PROVIDE THE DIVISION WITH THE CULTURAL AND HISTORIC RESOURCE INFORMATION <br />AS REQUIRED BY RULE 2.04,4, AND RECEIVE DIVISION APPROVAL TO UNDERMINE <br />THOSE AREAS. <br />C J <br />-7 - <br />