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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 (2.07.6(2)(d)(ii)); <br />c> The boundaries of the National Park System, the National Wildlife <br />Refuge System, the National System of Trails, the National <br />Wilderness Preservation System, the Wild and Scenic Rivers System <br />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 <br />or institutional building, or public park (2.07.6(2)(d>(iii)(B)); <br />e) One hundred feet of a cemetary (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 <br />of Agriculture (2.07.6(2)(d)(iii)(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 <br />written findings made. The permit area includes a portion of <br />Garfield County Road 335, which is to be upgraded and used as a haul <br />road. Public hearings regarding use of this road for coal haulage <br />were held in conjunction with the review of NCIG's application for <br />Permit Revision No. 1 in 1990. At that time, the Division found in <br />writing and the Board approved of the inclusion of the road in the <br />permit area; (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 Nickens & Associates in the form <br />of a study, "Storm King Mines Cultural Resource Survey (9/83), the <br />Division finds that subject to valid existing rights as of <br />August 3, 1977, the mining operation will not adversely affect any <br />publicly owned park or place listed on or eligible for listing in the <br />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 been severed <br />from private surface estate, therefore the documentation specified by <br />Rule 2.03.6(2) has been provided in the form of lease agreements (see <br />permit Exhibit 2.4-1) (2.07.6(2)(f)). <br />7. On the basis of evidence submitted by the applicant and received from <br />other state and federal agencies as a result of the Section 34-33-114(3) <br />-13- <br />