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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, <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 pazk (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 <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 owner <br />has been provided (2.07.6(2)(d)(v)). <br />5. On_the basis of information.submitted by Seneea Coal-Company in the form of survey <br />reports and a letter from the Colorado Historical Society, the Division finds that subject <br />to valid existing rights as of August 3,1977, the mining operation will not adversely affect <br />any publicly owned pazk or place listed on or eligible for listing in the National Register <br />of Historic Places as determined by the State Historic Preservation Office <br />(2.07.6(2)(e)(17). <br />The Division found, in 1981, all necessary notices and approvals were received in order <br />to allow the permittee to adversely affect a place listed on or eligible for listing in the <br />National Register of Historic Places as determined by the State Historic Preservation <br />Office. The place affected was Site SRT139, located in S''/z NE 1/4 Section 11, <br />Township 5 North, Range 87 West. Approval to affect it was received from the Division <br />and the State Historic Preservation Officer. A mitigation plan for the site included <br />supervision by a qualified archaeologist during topsoil removal, as well as documentation <br />and recovery of all artifacts unearthed during topsoil stripping. Details of the initial <br />survey and mitigation plans aze located in V olume 2, Tab 5, of the permit application <br />(2.07.6(2)(e)(ii)). <br />