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<br />r~ <br />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)(dl(ill; <br />bl An area under study for designation as unsuitable for surface coal mining <br />operations (2.07.612)Id)(ii)); <br />cl 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 (2.07.61211dlliii)IA)1; <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)(611; <br />e) One hundred feet of a cemetery (2.07.612)Id)(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)(dl(iii11D11; <br />91 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 (2.06.712)(d)liv)); <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the <br />owner has been provided (2.07.6(21(d)(v-). <br />5. The Division finds that, subject to valid, existing rights as of August 3, 1977, the <br />mining operation will not adversely affect any publicly owned park or place listed on <br />or eligible for listing in the National Register of Historic Places, as determined by the <br />State Historic Preservation Office. This finding is based on information submitted <br />by the original applicant in the form of a letter written by the Colorado Historical <br />Society shown in Exhibit 7. (2.07.612)(el(i)). <br />6. As this is an underground mining operation, and as private mineral estate has both <br />been and not been severed from private surface estate, the documentation <br />specified by Rule 2.03.6(1), in the form of a deed on file with the Las Animas <br />County Courthouse, has been provided. <br />7. On the basis of evidence submitted by the applicant and received from other state <br />and federal agencies as a result of the Section 34-33-114(3) compliance review <br />12 <br />