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Division finds that the operations proposed under the application have been designed to <br />prevent damage to the hydrologic balance outside the proposed permit area. Refer to Section <br />B, III, K, for details (2.07.6(2)(c)). <br />4. The Division finds that the permit azea is, subject to valid rights existing as of August 3, <br />1977, 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 of Trails, the National Wilderness Preservation System, the Wild and <br />Scenic Rivers System, including rivers under study for designation, and National <br />Recreation Areas (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 <br />been made by the Secretary of the U.S. Department of Agriculture. On October 28, <br />1992, the Division contacted the U.S. Forest Service (USFS) to verify [hat their previous <br />approval remained valid. Mr. Daryl Gusey of the USFS indicated that the application <br />was reviewed and that the USFS. had no comments or concerns. No comments were <br />received from the USFS regarding the Permit Renewal No. 3 application <br />(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, <br />and written Findings made; <br />The permit area of the Bear No. 3 operation is within 100 feet of the outside <br />right-of-way line of Highway 133. The portion of the permit area within 100 feet of <br />Highway 133 is the permitted haul road which intersects the highway. No part of the <br />surface facilities area or the portal area is within 100 feet of Highway 133 <br />(2.07.6(2)(d)(iv)); <br />h) Three hundred feet of an occupied dwelling unless a written waiver from the owner has <br />been provided; <br />14 <br />