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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 Park System, the National Wildlife Refuge System, the National System ofTrails, 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. The south end of the King II haul road will be approximately 260 feet from the Hay Gulch Cemetary (2.07.6(2)(d)(iii)(C)); f) 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 findings 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 survey of cultural resources on the King I Mine was performed in 1980 by Jamie A. Karlson, Staff Archeologist, Fort Lewis College. This survey did not identify any cultural resources eligible for the National Register of Historic Places. A cultural resource inventory was performed for the King I Mine in Juiy of 1997 by Complete Archeological Service Associates (CASA) of Cortez, Colorado. The inventory found a projectile point and two isolated occurrences of flakes. 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. A 60-acre portion of the King I Mine 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 of 1997 "highly recommended that no further cultural resource inventories be required for underground mining by NKC 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 NKC underground mining activities." 11