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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 C2.07.6(2)(d)(11)); <br />c) The boundaries of the Nationai Park System, the National Wildlife <br />Refuge System, the National System of Trails, the National Wilderness <br />Preservation System, the Wild and Scenic Rivers System including <br />rivers under study for designation, and National Recreation Areas <br />d) 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 cemetery (2.07.6(2>(d)Cifi>(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)(111)(D)); <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 written <br />• 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. On the basis of information submitted by Western Fuels-Utah, Incorporated <br />•in the form of cuitural and historic resource inventories, the Division <br />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 <br />place listed on or eligible for listing in the National Register of <br />Historic Places as determined by the State Historic Preservation Office. <br />(2.01.6(2>(e)(i)>. <br />6. For this mining operation, private mineral estate has not been severed <br />from private surface estate, therefore, the documentation specified by <br />Rule 2.03.6(2) is not required. (2.07.6(2)(f)). <br /> <br />• -8- <br />