Laserfiche WebLink
4. The Division finds that the permit area is, subject to valid rights existing as of <br /> 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 mining <br /> operations (2.07.6(2)(d)(ii)); <br /> c) The boundaries of the National Park System, the National Wildlife Refuge <br /> System, the National System of Trails, the National Wilderness Preservation <br /> System, the Wild and Scenic Rivers System including rivers under study for <br /> designation, and National Recreation Areas (2.07.6(2)(d)(iii)(A)); <br /> d) Three hundred feet of any public building, school, church, community or <br /> institutional 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 <br /> compatibility has been made by the Secretary of the U.S. Department of <br /> Agriculture (2.07.6(2)(d)(iii)(D)); <br /> g) One hundred feet of the outside right-of-way line of any public road except <br /> where mine access or haul roads join such line, and excepting any roads for <br /> which the necessary approvals have been received, notices published, public <br /> hearing opportunities provided, and written findings made (2.07.6(2)(d)(iv)); <br /> h) Three hundred feet of an occupied dwelling unless a written waiver from the <br /> owner has been provided (2.07.6(2)(d)(v)). <br /> 5. Information pertaining to cultural and historic resources can be found in Section II.A. <br /> of Volume 1 and on Map No. 3 of Volume 5 of the revised permit application. <br /> Cultural resource data for the Deserado Mine is contained in three survey report <br /> documents and several "addendums" prepared for Western Fuels. The 1979 report <br /> prepared by Pioneer Associates recorded 14 sites and 7 isolated finds and 15 localities. <br /> Of the 14 sites, 4 were considered eligible for nomination to the National Register. <br /> The second report, based on a survey of much of the Moon Lake Power Plant Project <br /> area by Nickens and Associates (1979), recorded 47 sites and 39 isolated finds in the <br /> Deserado permit area of which none were recommended as eligible. A third report, <br /> based on a survey of a bypass lease, recorded one site and 3 isolated finds. Thus, as a <br /> result of several surveys, a total of 55 sites, 49 isolated finds, and 16 localities have <br /> been recorded within the Deserado permit area. <br /> 14 <br />