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4. The Division finds that the permit area is, subject to valid rights existing as of August 3, 1977, <br />not within: <br />a) An area designated unsuitable for surface coal mining operations (2.07.6(2)(d)(I)); <br />b) An area under study for designation as unsuitable for surface coal mining operations <br />(2.07.6(2)(d)(ii)); <br />c) The boundaries of the National Park System, the National Wildlife Refuge System, the <br />National System ofTrails, the National Wilderness Preservation System, the Wild and Scenic <br />Rivers System including rivers under study for designation, and National Recreation Areas <br />(2.07.6(2)(d)(iii)(A)); <br />d) Three hundred feet of any public building, school, church, community or institutional <br />building, or public park (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 of compatibility has been <br />made by the Secretary of the U.S. Department of Agriculture. See appendix 1 of the permit <br />document for specifics of the federal coal lease on USFS {ands. (2.07.6(2)(d)(iii)(D)); <br />g) One hundred feet of the outside right-of-way line of any public road except where mine <br />access or haul roads join such line, and excepting any roads for which the necessary <br />approvals have been received, 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 from the owner has been <br />provided (2.07.6(2)(d)(v)). <br />5. The permittee has submitted asite-specific literature search of the permitted area. The literature <br />search was performed by the Colorado State Historic Preservation Office. Based on this report, <br />other information contained in the application, and comments received from the Colorado <br />Historical Society, the Division finds that [he operation will not adversely affect any publicly <br />owned park or place listed on the National Register of Historic Places (2.06.5(2)(e)). <br />In addition to a literature search by the Colorado State Historic Preservation Officer (Exhibit 2 <br />of Permit No. C-81-023), a complete archaeological survey of the Federal Lease Area was <br />performed (Federal Lease permit revision application Exhibit 38, pages 55-1 through 55-17). <br />Several sites were recommended for further testing; all sites have now been cleared. The Bureau <br />of Land Management's "no effect" determination letter of December 7, 1982 from Marlyn V. <br />Jones, BLM Montrose District Manager, to Mr. Arthur Townsend, State Historic Preservation <br />Officer, and the December 17, 1982 letter from Mr. Townsend to Ms. Jones, are located in <br />Appendix C of the December 1983 Findings Document. <br />7 <br />