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The Division finds that the operations proposed under the application have been designed <br />to prevent damage to the hydrologic balance outside the proposed permit azea <br />(2.07.6(2)(c)). <br />4. The Division finds that the permit area is, subject to valid rights existing as of August 3, <br />1977, not within: <br />a) An area designated unsuitable for surface coal mining uperations (2.U7.6(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 System. <br />the National System of Trails, the National Wilderness Preservation System, the <br />Wild and Scenic Rivers System including rivers under study for designation, and <br />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 boundazies of any National Forest unless the required finding of compatibility <br />has been made by the Secretary of the U.S. Department of Agriculture. <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 <br />mine access or haul roads join such line, and excepting any roads for which the <br />necessary approvals have been received, notices published, public hearing <br />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. Based on information submitted by permittee, in the original permit application, the <br />Division finds that, subject to valid existing rights as of August 3, 1977, the mining <br />operation will not adversely effect any publicly owned pazk or place listed on or eligible <br />for listing in the National Register of Historic Places as determined by the State Historic <br />Preservation Office. (2.07.6(2)(e)(i)). <br />6. For this surface mining operation, private mineral estate has not been severed from private <br />surface estate. The documentation specified by Rule 2.03.6(2) is therefore not required. <br />(2.07.6(2)(f)). <br />Canadian Strip Mine, C-81-026 16 December 5, 1996 <br />1. <br />